Arrested in Turkey as a Foreigner: Your Rights in Custody and Before the Judge

A foreigner arrested in Turkey (Türkiye) has the right to be told the accusation, to remain silent, to have a lawyer — appointed free of charge by the bar association if they cannot choose one — to have a relative informed, to an interpreter, and to have their consulate notified unless they object in writing. Police custody may not exceed 24 hours from the moment of arrest, plus up to 12 hours for transport to the nearest judge; for offences committed collectively it can be extended by the prosecutor by up to three further days. After that the person must be released or brought before a judge, who decides on release, judicial control or pre-trial detention. These rules are in the Code of Criminal Procedure (No. 5271).

This guide explains what happens from the moment of arrest, the rights at each stage, how detention and its length are decided and challenged, and how a criminal case affects a foreigner's immigration status.

• Rights notified at arrest: immediately, by the police (Art. 90(4)).
• Custody limit: 24 hours, plus up to 12 hours' transport time (Art. 91(1)); collective offences: extension of one day at a time, up to three days (Art. 91(3)).
• Challenge to custody: application to the criminal judgeship of peace, decided within 24 hours (Art. 91(5)).
• Relatives informed without delay; consulate notified unless the foreigner objects in writing (Art. 95).
• Silence: it is a legal right not to make a statement about the accusation (Art. 147(1)(e)).
• Lawyer: at every stage; appointed by the bar on request; mandatory in certain cases (Art. 149–150).
• Interpreter: for those who do not speak sufficient Turkish (Art. 202).
• Pre-trial detention requires strong suspicion based on concrete evidence, a ground for detention and proportionality (Art. 100).

Legal status of this guide. It reflects the Code of Criminal Procedure (No. 5271) as currently in force. Special rules — including longer custody periods — apply to certain categories of offence under other legislation. Last updated: October 2026.

In this guide

• The stages: arrest, custody, judge
• Your rights from the first moment
• How long custody can last
• The right to a lawyer
• Giving a statement
• Interpreter and consulate
• Before the judge: release, judicial control or detention
• How long pre-trial detention can last
• Challenging detention
• What family and friends can do
• Effect on your immigration status
• Frequently asked questions

The stages: arrest, custody, judge

Stage	Who decides	What it is
Arrest (yakalama)	Police; in flagrante cases, anyone	Taking a person into physical control (Art. 90)
Custody (gözaltı)	Public prosecutor	Holding the person for the investigation, for a limited time (Art. 91)
Statement and interrogation	Police or prosecutor take a statement; the judge conducts interrogation	Art. 147
Referral to the judge	Criminal judgeship of peace	Release, judicial control or pre-trial detention (Art. 100, 109)
Pre-trial detention (tutuklama)	Judge or court	Detention in prison pending investigation or trial

Not every investigation involves arrest. Many suspects are summoned to give a statement and remain at liberty. And not every arrest leads to custody: the prosecutor may order release after the statement.

These criminal-procedure measures are distinct from administrative detention for deportation, which is ordered by the governorate and served in a removal centre; see administrative detention in Turkey. A foreigner can be subject to both in succession.

Your rights from the first moment

After taking measures to prevent escape or harm, the police must immediately inform the arrested person of their legal rights (Art. 90(4)), and the prosecutor must be informed at once (Art. 90(5)). When a statement is taken or an interrogation conducted, the following must be observed (Art. 147(1)):

• the person's identity is established — questions about identity must be answered truthfully;
• the accusation is explained;
• the person is told of the right to choose a defence lawyer and to benefit from the lawyer's legal assistance, that the lawyer may be present during the statement or interrogation, and that a lawyer will be appointed by the bar if they are not in a position to choose one and wish to have one;
• a relative of the person's choice is informed of the arrest without delay;
• the person is told that it is their legal right not to make a statement about the accusation;
• the person is reminded that they may request the collection of concrete evidence in their favour, and is given the opportunity to remove the grounds of suspicion and put forward matters in their favour.

A written form setting out these rights is given to the suspect for signature. Ask for it in a language you understand. Prohibited methods — ill-treatment, torture, administering drugs, exhaustion, deception, threats — may not be used, and statements obtained by them cannot be used as evidence even with consent. You are entitled to be examined by a doctor on being taken into custody and on leaving it; tell the doctor about any ill-treatment and ask for it to be recorded.

How long custody can last

Situation	Maximum	Basis
Ordinary offences	24 hours from the moment of arrest	Art. 91(1)
Time needed to bring the person to the nearest judge or court	Not counted, but may not exceed 12 hours	Art. 91(1)
Offences committed collectively	The prosecutor may order extension in writing, one day at a time, for up to three days, because of the difficulty of collecting evidence or the number of suspects	Art. 91(3)
Arrest on a warrant issued by a judge or court	Brought before the competent judge or court within 24 hours; if that is not possible, heard by video link from the nearest courthouse	Art. 94

Custody is not automatic. It depends on the measure being necessary for the investigation and on concrete evidence indicating suspicion that the person committed an offence (Art. 91(2)). An order extending custody must be notified to the detained person at once (Art. 91(3)). For certain listed offences committed in flagrante, senior police officers designated by the governor may themselves order custody for a limited period, subject to the same overall time limits for bringing the person before a judge (Art. 91(4)). Longer periods apply under special legislation to certain categories of offence, notably terrorism-related ones.

Challenging custody. The arrested person, their lawyer or legal representative, their spouse or a first- or second-degree blood relative may apply to the criminal judgeship of peace against the arrest, the custody order or its extension, in order to obtain immediate release. The judge decides on the file at once and in any event within 24 hours (Art. 91(5)).

Prosecutors are required to inspect custody facilities, the condition of those held, the reasons for and duration of their custody and all related records (Art. 92).

The right to a lawyer

• At every stage. A suspect or accused may benefit from the assistance of one or more defence lawyers at every stage of the investigation and prosecution (Art. 149(1)).
• Cannot be restricted. The lawyer's right to meet the suspect, to be present during the statement or interrogation and to give legal assistance cannot be prevented or restricted at any stage (Art. 149(3)). Up to three lawyers may be present when a statement is taken (Art. 149(2)).
• Appointed on request. If the suspect states that they are not in a position to choose a lawyer, one is appointed at their request (Art. 150(1)); the appointment is made through the bar association.
• Mandatory without request where the suspect is a child, is unable to defend themselves because of disability, or is deaf and mute (Art. 150(2)); and in investigations and prosecutions for offences punishable by a minimum of more than five years' imprisonment (Art. 150(3)).
• Before the judge on a detention request. A person whose detention is requested must have the assistance of a lawyer of their choice or one appointed by the bar (Art. 101(3)).
• Confidentiality. Meetings with your lawyer are private.

A statement taken by the police without a lawyer present cannot be relied on as the basis of a conviction unless the person confirms it before a judge or court. This is one of several reasons not to give a statement before your lawyer arrives.

Giving a statement

• You may remain silent. Silence is a legal right and cannot be treated as an admission. You must, however, give correct identity information.
• Wait for your lawyer. Say clearly: "I want a lawyer. I will give my statement with my lawyer present." Ask for this to be written in the record.
• Wait for an interpreter. If your Turkish is not sufficient, do not rely on an officer's or a fellow detainee's informal translation.
• Read before you sign. The record must be read to you or given to you to read. If something is wrong or missing, ask for it to be corrected; if it is not, write your objection next to your signature or decline to sign and ask that the reason be noted.
• Do not sign blank or partly completed pages.
• Tell your lawyer everything, including matters you think are unimportant or unfavourable. Evidence in your favour — messages, location data, witnesses, camera footage — is often lost if not requested in the first days.

Interpreter and consulate

Interpreter. If an accused or a victim does not know enough Turkish to express themselves, the essential points of the prosecution and the defence at the hearing are translated through an interpreter appointed by the court, and the same applies to suspects and victims heard during the investigation (Art. 202). The costs of an interpreter appointed for a person who does not speak Turkish are borne by the State. The interpreter must be competent in your language; if you do not understand them, say so and ask for it to be recorded.

Consulate. When a foreigner is arrested or taken into custody, their situation is notified to the consulate of the state of which they are a citizen, unless they object in writing (Art. 95(2)). You may want this — a consulate can provide a list of lawyers, contact your family and monitor your treatment. You may not — for example if you have sought, or intend to seek, protection from your own state. In that case, state your objection in writing at once.

Family. When a suspect is arrested, taken into custody or has custody extended, a relative or a person they designate is informed without delay on the prosecutor's order (Art. 95(1)).

Before the judge: release, judicial control or detention

If the prosecutor does not release the suspect, the file goes to the criminal judgeship of peace with a request. The judge interrogates the suspect in the presence of the lawyer and decides between three outcomes.

Release without conditions.

Judicial control — release subject to obligations such as a ban on leaving the country, regular reporting to a police station, or not leaving the home (Art. 109). See judicial control and travel bans in Turkey.

Pre-trial detention, which requires (Art. 100–101):

• concrete evidence showing strong suspicion of an offence;
• a ground for detention — in particular flight or concrete facts raising a suspicion of flight; conduct suggesting that evidence will be destroyed, concealed or altered or that witnesses or victims will be pressured; and, for the offences listed in the Code, a statutory presumption that a ground may exist;
• proportionality — detention may not be ordered if it is disproportionate to the importance of the case and the expected penalty or security measure;
• that judicial control would be insufficient — the request must give legal and factual reasons for this, and the decision must show with concrete facts the strong suspicion, the ground, the proportionality and the insufficiency of judicial control (Art. 101(1)–(2)).

The content of the decision must be communicated orally to the suspect and a written copy handed over (Art. 101(2)).

For foreigners, the argument most often used for detention is the risk of flight: no fixed address, no family in Turkey, the possibility of leaving the country. It is answered with evidence of ties — a registered address, a residence permit, a job, family, property — and by proposing judicial control with a travel ban and reporting as a sufficient alternative. Being a foreigner is not in itself a ground for detention.

How long pre-trial detention can last

Type of case	Maximum overall	During the investigation
Offences outside the jurisdiction of the heavy penal court	1 year, extendable by 6 months in case of necessity with reasons	6 months
Offences within the jurisdiction of the heavy penal court	2 years, extendable with reasons; the extension may not exceed 3 years in total	1 year
Offences against state security, the constitutional order, national defence and state secrets, and terrorism offences	2 years, with extension up to 5 years	1 year 6 months, extendable by 6 months with reasons

(Art. 102.) These periods are halved for children under fifteen at the time of the offence and reduced to three quarters for those under eighteen. Extension decisions are taken after hearing the prosecutor, the suspect or accused and the defence lawyer.

Challenging detention

• Objection (itiraz). A detention order can be challenged by objection to the competent judge or court; the objection is decided on the file, and it can be repeated as circumstances change.
• Request for release. The suspect or lawyer may at any stage ask for release or for replacement of detention by judicial control; the prosecutor may make the same request (Art. 103).
• Periodic review. During the investigation, while the suspect is in prison, the criminal judgeship of peace examines at intervals of no more than thirty days, on the prosecutor's request, whether detention should continue, after hearing the suspect or the lawyer (Art. 108).
• Release by the prosecutor. If the prosecutor concludes during the investigation that judicial control or detention is no longer necessary, they release the suspect of their own motion; a decision not to prosecute ends detention (Art. 103(2)).
• Individual application to the Constitutional Court for violation of the right to liberty, after ordinary remedies.
• Compensation. A person arrested or detained unlawfully, held beyond the statutory periods, or detained and then acquitted or not prosecuted, can claim material and moral compensation from the State (Art. 141) within the statutory time limit.

What family and friends can do

1. Find out where the person is — which police station or which courthouse. A lawyer can obtain this from the prosecutor's office.
2. Instruct a lawyer immediately. The first statement and the first hearing before the judge are decisive.
3. Gather evidence of ties to Turkey: address registration, tenancy or title deed, residence or work permit, employment letter, school records of children, a relative willing to act as a point of contact.
4. Collect evidence on the facts: messages, tickets, receipts, names of witnesses.
5. Decide about the consulate with the lawyer.
6. Bring the passport and identity documents for the power of attorney.
7. If detained in prison: ask the lawyer about visiting rules, how to send money and how to deliver clothing and medication.

Has someone you know been arrested in Turkey? Send the person's name and nationality, the city, and when and where they were taken. Message Yayla Law on WhatsApp or use the contact form. The first 24 hours matter most.

Effect on your immigration status

A criminal investigation has consequences beyond the criminal case itself:

• Restriction record. The existence of criminal proceedings is commonly recorded against the foreigner and can lead to an entry restriction; see Turkey restriction codes explained. If the investigation ends in non-prosecution or the trial in acquittal, the record should be challenged with the court documents.
• Deportation. A deportation order may be issued against a foreigner considered to pose a threat to public order or security (Law No. 6458, Art. 54(1)(d)), sometimes on the basis of an investigation alone, and against a foreigner sentenced to imprisonment whose deportation is considered necessary after the sentence (Art. 54(1)(a)). The order must be appealed within seven days; see how to appeal a deportation order in Turkey.
• From prison to removal centre. A foreigner released by the criminal court may be handed over to the migration authorities and placed in administrative detention. The seven-day deadline against the deportation order then runs regardless of the criminal case.
• Travel ban versus deportation. A court-ordered ban on leaving the country and a deportation order can exist at the same time and pull in opposite directions; the migration authorities should be informed of the ban, and a residence permit on the basis of the judicial decision can be requested.
• Residence permits and citizenship. Pending cases and convictions weigh on renewals and on citizenship applications. Time spent in prison or in a removal centre is not counted as a breach of residence permit periods (Law No. 6458, Art. 26(1)).

Frequently asked questions

What are my rights if I am arrested in Turkey?

To be told the accusation, to remain silent about it, to have a lawyer present, to have a lawyer appointed by the bar if you cannot choose one, to have a relative informed, to an interpreter, to have your consulate notified unless you object in writing, and to request evidence in your favour.

How long can the police hold me in Turkey?

Up to 24 hours from the moment of arrest, plus no more than 12 hours for transport to the nearest judge. For offences committed collectively, the prosecutor may extend custody by one day at a time for up to three days. Longer periods apply to certain offences under special legislation.

Do I have to answer police questions?

You must give correct identity information. You have the legal right not to make a statement about the accusation, and you may wait for your lawyer and an interpreter before saying anything.

Can I get a free lawyer?

Yes. If you state that you are not in a position to choose a lawyer, one is appointed through the bar association at your request. Appointment is mandatory, without a request, for children, persons unable to defend themselves, and offences with a minimum sentence of more than five years.

Will my embassy be told?

The consulate of your state is notified of your arrest or custody unless you object in writing. If you do not want your state informed — for example because you fear it — state your objection in writing at once.

Am I entitled to an interpreter?

Yes. A suspect or accused who does not know enough Turkish is assisted by an interpreter during the investigation and at hearings, at the State's expense.

When can a judge order pre-trial detention?

Only where there is concrete evidence showing strong suspicion, a ground for detention such as a risk of flight or of tampering with evidence, proportionality to the expected penalty, and reasons why judicial control would be insufficient.

How long can pre-trial detention last?

Up to one year, extendable by six months, for offences outside the heavy penal court's jurisdiction; up to two years, with extensions of up to three years, for offences within it; and up to five years of extension for certain offences against the State and terrorism offences.

Will I be deported after a criminal case?

Possibly. A deportation order may be issued on public order grounds or after a prison sentence. It is a separate administrative decision that must be appealed within seven days, and removal is suspended while the appeal is pending.

Legal basis and sources

• Code of Criminal Procedure No. 5271, Articles 90–95, 100–103, 108–112, 141, 147–150 and 202 — official consolidated text at mevzuat.gov.tr.
• Law No. 6458 on Foreigners and International Protection, Articles 26 and 54.
• Vienna Convention on Consular Relations, Article 36.

This article provides general legal information on Turkish law as of October 2026. It is not legal advice. If you or someone you know has been arrested, contact a lawyer immediately.