Judicial Process for Foreigners Detained or Arrested in Turkey

yazarı lawyerfbc

açık Aralık 11, 2025

1. Introduction: Why Foreigners Need a Specific Guide

When a foreign national is taken into custody in Turkey, the situation is not only a criminal law problem. It immediately becomes a multi-layered legal issue that involves:

Turkish criminal procedure and constitutional rights,
language and translation barriers,
consular and diplomatic protection, and
possible immigration and deportation actions after the criminal case.

A Turkish citizen will usually have family, language knowledge and familiarity with the system to navigate the process. A foreigner typically does not. That is why understanding the structure of the judicial process – and the additional guarantees that apply to non-Turkish nationals – is crucial for both the suspect and their family or employer.

This article provides a comprehensive, practical and legally-oriented overview of what happens when a foreigner is:

stopped by the police,
taken into detention / custody,
brought before the prosecutor and criminal judges,
formally arrested and sent to prison, and
later faces trial and potential immigration measures.

The focus is on general rules in Turkish law, with particular attention to rights that must be asserted from the very first moment of deprivation of liberty.

2. Key Legal Terms: Detention, Custody and Arrest

To understand the process, you should first distinguish three terms that are often mixed up in English:

2.1 Apprehension / Initial Detention

The process usually begins with an immediate deprivation of liberty:

at an airport or land border,
at a hotel, residence or workplace,
on the street or at a public event, or
during a police operation.

In Turkish practice, this first step is often referred to as “yakalama” – roughly, apprehension or initial detention. At this stage:

The police or gendarmerie physically restrain the person and prevent them from leaving.
The person is taken to a police station or similar facility.
The legal basis may be an arrest warrant, being caught in the act (flagrante delicto), or strong suspicion of an offence.

This is the moment when many rights start to apply, such as the right to be informed of the reason for the deprivation of liberty and the right to contact a lawyer.

2.2 Police Custody (Gözaltı)

Once the person is brought to the station, the public prosecutor (not the police) decides whether the suspect will be formally placed in custody.

Police custody has a number of characteristics:

It is for investigative purposes: taking statements, collecting evidence, arranging confrontations, obtaining medical reports, etc.
It is time-limited, and these limits are strict and legally binding.
Custody may be extended only under certain conditions and with appropriate authorisations.

For a foreigner, this is the period in which:

they may feel most isolated,
they may not be fully aware of their rights, and
they may or may not have immediate access to interpretation and legal advice.

2.3 Judicial Arrest (Tutuklama)

Arrest in the strict sense in Turkish criminal law refers to a court-ordered measure (usually by the criminal judgeship of peace) that sends the suspect to prison pending trial.

Some key features:

It is not a punishment; it is a precautionary measure applied before conviction.
The judge must evaluate strong suspicion and grounds for arrest (such as risk of escape, tampering with evidence, or influencing witnesses).
Because foreigners are naturally seen as having a higher risk of flight, arrest decisions can be more frequently considered in their cases.

Once a person is arrested:

They are transferred from police custody to an official prison or detention facility.
They will remain there until released, acquitted, or sentenced, unless the court decides otherwise (for example, replacing arrest with judicial control).

3. Fundamental Rights of Foreigners in Detention

Foreign nationals enjoy all fundamental rights granted to suspects under Turkish law, plus certain additional protections under international law.

3.1 Right to Information in a Language You Understand

From the first moment of deprivation of liberty, the person must be informed:

Why they are being detained or arrested,
What crime they are suspected of, and
What basic rights they have in custody.

For a foreigner, this obligation has a practical consequence:
The information must be provided in a language they understand, either through:

a written translated form,
an interpreter, or
both.

If the suspect does not understand what he or she is accused of, this point should be clearly noted and insisted upon by the lawyer during all procedural steps.

3.2 Right to a Lawyer

Every suspect in Turkey, citizen or foreigner, has the right to be assisted by a defence lawyer:

You can appoint a private lawyer of your choice; or
If you cannot afford one, or you do not know any lawyer, you can request that the bar association appoint a duty lawyer.

For foreigners, access to a lawyer is especially important because:

The lawyer can bridge the language and cultural gap,
protect against improper questioning or pressure, and
ensure that statements are recorded correctly and not misinterpreted.

Best practices include:

Do not sign any statement that you do not fully understand.
Ask for all questions and answers to be interpreted.
Ask your lawyer to be physically present during questioning whenever possible.

3.3 Right to Remain Silent and Not to Self-Incriminate

You cannot be forced to answer questions or to confess, and you cannot be punished simply for exercising the right to remain silent.

Any statement obtained through coercion, violence, or promises of benefit is illegal and can be challenged.
If you initially made a statement without understanding your rights, your lawyer can later request that it be excluded or discounted.

For a foreigner, the right to silence is particularly important when:

You do not understand the legal significance of the questions;
You fear that answers may have immigration consequences; or
You suspect mis-translation of your words.

3.4 Right to Notify a Relative or Third Person

Detained persons have the right to request that a relative, employer, or another trusted person be notified about their situation.

In practice, this is often done by the police or lawyer calling a relative or contact person.
For foreigners, that person may be in another country; nonetheless, this contact is important for arranging legal representation and consular assistance.

3.5 Right to Consular Notification and Assistance

Perhaps the most specific right for foreigners is the right to consular assistance:

Upon request, the authorities should inform the consulate or embassy of the detainee’s country.
Consular officers may then:
- visit the detainee,
- communicate with the authorities, and
- help contact family or arrange legal aid.

However, consular assistance is not automatic in practice. The foreigner (or their lawyer) should clearly state the wish that their consulate be notified and should verify whether this has been done.

3.6 Right to Medical Examination

Any person taken into custody must undergo a medical examination when entering and leaving police custody, and sometimes at intermediate stages.

This protects both the detainee and the authorities, documenting any pre-existing injuries or any harm allegedly suffered in custody.
For foreigners, medical reports can later be important in any claim of ill-treatment, but also to demonstrate that there was no injury before a certain point.

4. Time Limits and Extensions in Police Custody

One of the most common concerns for relatives of foreigners is:
“How long can they keep him/her at the police station?”

Turkish criminal procedure law provides strict time limits for police custody. While precise numbers depend on the nature of the offence and whether there is an organised crime or multiple suspects, the core idea is:

The suspect may only be held in police custody for a limited period,
extensions are possible only within legal boundaries, and
prolonged detention without judicial review is prohibited.

In practice, these rules mean:

After apprehension, the suspect must be either:
- released by the prosecutor, or
- brought before a judge for an arrest decision, within the lawful period.
Any allegation that a foreigner is being kept “informally” without being recorded in the system should be taken very seriously and raised by the lawyer immediately.
When several foreigners are detained together (for example, in migration-related operations or at airports), lawyers should check carefully how custody time is calculated and whether there has been any unlawful prolongation.

5. The Role of the Public Prosecutor

The public prosecutor is the central figure in the pre-trial phase. For a foreigner in custody, the prosecutor:

decides whether to place them in formal custody after apprehension,
directs the police investigation,
orders the collection of evidence (searches, seizure of documents, digital devices, CCTV footage, etc.),
may invite the suspect to give a formal statement at the courthouse, and
decides whether to request their arrest from the criminal judgeship of peace.

A few practical points:

The prosecutor may choose to release the suspect, possibly under judicial control (such as reporting obligations or travel bans).
The prosecutor may decide to file charges and prepare an indictment, sending the case to the criminal court for trial.
For foreigners, the prosecutor may also communicate with immigration authorities if there is a concern about residence status or risk to public order.

6. Judicial Review: Arrest and Judicial Control

After police custody, the foreigner must be either released or brought before a judge. This judicial step is crucial.

6.1 Hearing Before the Criminal Judgeship of Peace

The suspect is usually brought to the criminal judgeship of peace along with the prosecutor’s request. At this hearing:

The judge reads the accusation,
the suspect (through an interpreter if needed) gives a statement,
the defence lawyer argues against the arrest request, and
the judge makes one of several possible decisions.

For foreigners, the defence should emphasise:

stable ties to Turkey (residence, family, employment),
willingness to comply with judicial control measures, and
possible disproportionate effects of arrest (loss of job, visa problems, etc.).

6.2 Possible Outcomes

The judge may decide to:

Release without any measure
- The suspect is free, but the criminal investigation may continue.
Release with judicial control
- This may include reporting to a police station,
- a travel ban / prohibition on leaving the country, or
- other restrictions (e.g. residence at a registered address).
Arrest (Pre-trial Detention)
- The suspect is sent to prison pending trial.
- The decision states the legal grounds and the reasons why lighter measures were considered insufficient.

6.3 Why Foreigners Are Often Considered “Flight Risks”

Turkish courts tend to consider the following factors regarding foreigners:

absence of long-term residence or family ties in Turkey,
ease of leaving the country and staying abroad,
lack of stable employment or business activity in Turkey,
previous history of immigration violations or failure to attend proceedings.

For this reason, the defence strategy for a foreign national should be carefully designed to counter the assumption of flight risk, for example by:

showing long-term plans in Turkey,
offering guarantees (such as a known address, employer letters), and
accepting certain judicial control measures as alternatives to arrest.

7. Language, Interpretation and Translation Issues

Language barriers can be the most dangerous hidden risk for foreigners in criminal proceedings.

7.1 Right to an Interpreter

If the suspect does not speak Turkish, an interpreter must be present:

during police and prosecutor questioning,
at the judicial hearing for arrest, and
during court hearings at trial.

In practice, problems can arise when:

the interpreter is not properly qualified,
the language pair is rare and the interpreter uses a third language (e.g. English) as a bridge, or
the interpretation is summarised rather than verbatim.

The suspect and the lawyer should insist that:

questions and answers are fully interpreted,
the suspect can speak in their preferred language when possible, and
any misunderstanding is immediately corrected in the record.

7.2 Translation of Documents

Key documents should be translated or at least explained to the suspect in a language they understand, including:

the custody form,
the statement protocols,
the arrest decision, and
significant court decisions at later stages.

If a foreigner signs a document without understanding it, this fact can later be used to challenge the reliability of that evidence.

8. Prison Conditions and Contact with the Outside World

Once a foreigner is formally arrested and sent to prison, new issues arise beyond the initial custody phase.

8.1 Allocation of Foreign Detainees

Prison authorities may take into account:

language barriers,
the need for interpretation,
security classifications, and
medical or psychological conditions.

Foreigners are often placed in wards with others speaking the same language where possible, but this is not guaranteed.

8.2 Visits and Communication

Foreign detainees can generally:

receive visits from lawyers, relatives, and consular officers under regulated conditions,
send and receive letters (subject to censorship rules), and
make phone calls on specific days and times.

Consular officers usually have a special status allowing them to visit citizens in prison and monitor conditions, but this may require prior appointment and security clearances.

8.3 Requests and Complaints

If a foreigner believes that their rights are violated in prison (ill-treatment, denial of medical care, discrimination, etc.), they can:

inform their lawyer,
submit written complaints to the prosecutor or the prison administration, and
ask their consulate to intervene diplomatically where appropriate.

9. The Trial: Evidence, Hearings and Sentencing

After the investigation, the prosecutor files an indictment and the criminal court decides whether to accept it. Once accepted, the trial phase begins.

9.1 Summons and Attendance of Foreign Defendants

If the foreigner is not under arrest, they can:

be summoned to hearings,
sometimes participate via video link if the court allows, especially if they are abroad.

If they are under arrest, they are brought from prison to the hearings or connected via video conference depending on the court’s practice.

9.2 Evidence and Witnesses

Foreigners should pay particular attention to:

whether evidence was obtained lawfully in custody,
whether interpretation during statements and confrontations was accurate,
the possibility of calling defence witnesses, including those abroad,
the use of expert opinions where special technical or international elements are involved.

The defence may argue that language and cultural misunderstandings have led to misinterpretation of behaviour or statements (for example, what is considered insulting or threatening in one language may be different in another).

9.3 Sentencing and Mitigating Factors

If convicted, the court determines a sentence considering:

the gravity of the offence,
the suspect’s criminal record,
behaviour during the trial, and
personal circumstances.

For foreigners, the following may be important mitigating or aggravating factors:

Cooperation with the authorities,
voluntary compensation of damages to the victim,
previous immigration violations or irregular stay,
the impact of punishment on family members in Turkey.

The court may also convert certain sentences into judicial fines or suspended sentences under specific conditions, which can be critical in relation to later immigration outcomes.

10. Immigration and Deportation Consequences

Criminal proceedings against foreigners often intersect with immigration law. A conviction – or even sometimes a serious suspicion – can lead to:

cancellation of residence permits,
entry bans,
deportation (removal) procedures, and
placement in immigration removal centres.

10.1 Risk of Deportation

The immigration authority may decide that a foreigner:

constitutes a threat to public order or public security, or
no longer fulfils the conditions for residence.

This can result in:

a deportation decision,
transfer to a removal centre after release from criminal custody,
a ban on re-entering Turkey for a certain period.

10.2 Appeals Against Deportation

Deportation decisions are not automatically suspended by the existence of a criminal trial; likewise, the conclusion of the criminal case does not automatically cancel immigration measures.

Foreigners usually have the right to:

challenge deportation before administrative courts within strict time limits,
argue that removal would be disproportionate or would violate rights (e.g. family life in Turkey),
request suspensive effect or interim measures in urgent situations.

Close coordination between the criminal defence and immigration lawyer is often necessary.

11. Special Situations Commonly Faced by Foreigners

Although every case is unique, some patterns frequently arise when foreigners are detained or arrested in Turkey.

11.1 Tourists and Short-Term Visitors

Typical scenarios:

altercations in nightlife districts,
disputes with taxi drivers or service providers,
allegations related to narcotics,
problems at airports (e.g. prohibited items, aggressive behaviour).

Tourists often have no address in Turkey and return flights already booked, which may create a perceived flight risk. Defence strategies may include:

securing hotel confirmations,
showing return tickets,
obtaining guarantees from tour operators or local contacts.

11.2 Foreign Workers and Long-Term Residents

Foreigners employed in Turkey or married to Turkish citizens may:

have strong ties to the country,
possess residence or work permits,
have children in Turkish schools.

In such cases, defence arguments against arrest can rely on:

long-term integration,
steady employment,
children’s schooling and family unity.

If a conviction seems likely, it is crucial to analyse immigration risks in advance and plan strategies to protect residence status where possible.

11.3 Asylum Seekers and Refugees

For asylum seekers and refugees, detention or arrest can have complex impacts:

pending asylum procedures,
risk of refoulement to a dangerous country,
vulnerabilities due to trauma.

Lawyers and NGOs familiar with international protection law may need to be involved simultaneously with criminal defence counsel to ensure that rights under refugee law are fully respected.

12. Practical Recommendations for Foreigners and Their Families

To make this guide more concrete, here are practical steps that can significantly improve the situation when a foreigner is detained or arrested in Turkey.

12.1 If You Are the One Detained

Stay calm and respectful. Aggression or resistance can create additional charges.
Request a lawyer immediately. If you have none, ask for a duty lawyer from the bar association.
Insist on interpretation. Do not pretend to understand Turkish if you do not.
Use your right to silence until your lawyer arrives and you fully understand the accusations.
Do not sign documents that you do not understand; ask that they be translated or explained.
Ask for consular notification and the possibility to contact your embassy or consulate.
Request medical examination upon entering and leaving custody; mention any existing injuries.

12.2 If You Are a Family Member or Employer

Collect basic information: full name, date of birth, passport number, where and when they were detained, and the name of the police station if possible.
Contact a local lawyer experienced in criminal law and familiar with foreigner cases.
Inform the consulate of your country in Turkey and provide the lawyer’s details.
Keep records of all communications, dates and names of officials you spoke to.
Avoid spreading unverified information on social media which can complicate matters.

12.3 For Companies Employing Foreigners

Companies with foreign staff should anticipate possible legal issues and prepare:

a standard internal protocol for incidents,
contact details of trusted law firms in Turkey,
clear internal communication channels to quickly support the employee and their family,
compliance programmes to reduce the risk of allegations (e.g. anti-corruption, workplace safety).

13. Common Misconceptions About Criminal Proceedings Against Foreigners

A number of myths circulate among foreigners in Turkey. It is important to clarify them:

“If I am a tourist, they cannot arrest me.”
False. Tourists can be detained and arrested like anyone else if there is strong suspicion of a crime.
“If I pay money, the criminal case disappears.”
In some offences, compensation can help achieve a settlement or reduce punishment, but it does not automatically erase criminal responsibility, especially for serious crimes.
“Consular officers can get me out of prison.”
Consulates can provide assistance and monitor conditions, but they normally cannot interfere directly with judicial decisions.
“Because I do not speak Turkish, my statement is not valid.”
If a competent interpreter is present and records are properly kept, statements can be used as evidence. That is why you must insist on quality interpretation and legal advice.
“If I leave Turkey after being released, the case is over.”
Criminal proceedings may continue in your absence, and international arrest warrants can be issued in serious cases. Returning to Turkey later may expose you to immediate arrest.

14. Conclusion: The Importance of Early, Informed Legal Support

For foreigners detained or arrested in Turkey, the first hours and days are often decisive:

This is when most statements are taken,
where decisions about arrest vs. release are made, and
where the foundation of the entire case is laid.

Because foreign nationals face additional challenges – language, consular relations, immigration consequences – they need early, informed and proactive legal support even more than citizens do.

A well-structured defence should:

Ensure that procedural rights in custody are fully respected.
Challenge any unlawful extension of detention or violations in obtaining evidence.
Present strong arguments against arrest, especially addressing the flight risk presumption.
Coordinate with consular and immigration lawyers to protect the broader interests of the foreigner and their family or business.

Understanding the framework of the judicial process is the first step. The second – and most important – is to secure competent legal representation in Turkey as soon as any detention or investigation arises.

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