What Are Your Rights as a Dual Citizen in Turkish Courts? 

What are your rights as a dual citizen under Turkish law? Can you access the same protections as single-nationality Turkish citizens? And how do courts handle potential conflicts of law? 

This article outlines the key legal rights of dual citizens in Turkey and what to expect if you’re involved in a legal dispute. 

Are Dual Citizens Treated the Same as Turkish Citizens? 

Yes. Under Turkish law, any individual holding Turkish citizenship is subject to the rights and obligations of a Turkish citizen, regardless of whether they also hold citizenship from another country. This is clearly established in the Turkish Constitution (Art. 66) and supported by Turkish court precedents. 

Rights include: 

• Full access to the judicial system 

• Right to a fair trial (Constitution, Art. 36) 

• Legal standing in civil, criminal, and administrative cases 

• Ability to hire an attorney and benefit from legal aid 

However, there are some nuances when it comes to the application of foreign law and international private law rules, which are discussed below. 

What If the Other Country’s Law Is Also Relevant? 

When a legal matter has international elements (e.g., marriage, inheritance, or contracts signed abroad), Turkish courts apply the Law on International Private and Procedural Law (MÖHUK, Law No. 5718). 

For example: 

• Inheritance: According to Article 20 of MÖHUK, the deceased’s national law at the time of death applies to inheritance matters. 

• If the deceased was a dual citizen, Turkish courts prioritize Turkish nationality, unless the individual had a closer connection to the other country (as per case law interpretations). 

• Marriage, Divorce, Custody: Governed by the personal law of the parties, often determined by nationality or habitual residence (Art. 13–17 MÖHUK). 

Can Dual Citizens Be Tried Under Turkish Criminal Law? 

Yes. Turkish criminal law applies to all Turkish citizens, including dual citizens, for crimes committed within the territory of Turkey (Territoriality Principle). 

Moreover, under Article 11 of the Turkish Penal Code, some crimes committed abroad by Turkish citizens can also be prosecuted in Turkey, especially if they are considered serious (e.g., crimes against the state, human trafficking). 

What Happens If There’s a Conflict Between Turkish and Foreign Law? 

In practice, Turkish courts apply Turkish law when: 

• The foreign law is not clearly provable 

• The foreign law contradicts Turkish public order (ordre public) 

• The person has habitual residence in Turkey 

So even if another country’s law might technically be applicable, Turkish courts may override it to protect public interest or fundamental rights. 

Legal Representation and Language Rights 

Although proceedings are conducted in Turkish, non-Turkish speaking parties (including dual citizens) have the right to an interpreter at all stages of the judicial process. 

Also, dual citizens can be represented by attorneys of their choice—including foreign lawyers in cooperation with Turkish counsel, depending on the case type. 

Key Takeaways for Dual Citizens in Turkish Courts 

• You are treated as a full Turkish citizen in the eyes of the law. 

• In cross-border matters, conflict of laws rules under MÖHUK determine which law applies. 

• Your foreign nationality may matter when determining personal law (e.g., marriage, custody). 

• Turkish public policy always takes precedence over conflicting foreign laws. 

• You are entitled to fair trial rights, legal representation, and interpreters. 

Final Note 

If you are a dual citizen facing a legal issue in Turkey—whether civil, criminal, or family-related—consulting a lawyer with expertise in international private law is crucial. They can guide you through both the Turkish legal framework and any applicable foreign law that may influence your case.