orture Crime: Scope, Legal Framework and Legal Remedies for Turkish Citizens

Torture is recognized in international law and within the framework of the Turkish Penal Code as one of the most serious, disgraceful, and absolutely unacceptable types of crimes committed against humanity. This act does not only target an individual’s physical integrity but directly violates human dignity, psychological well-being, and fundamental rights. It is a category of crime that democratic societies and states governed by the rule of law prioritize eliminating.

The issues most frequently searched by Turkish citizens on search engines and legal platforms regarding torture include: which acts constitute torture, how torture differs from ordinary assault or physical violence, the liability of public officials, and whether statutes of limitation apply to such crimes.

Legal Definition of Torture and Scope of Article 94 of the Turkish Penal Code (TCK)

Article 94 of the Turkish Penal Code clearly defines the crime of torture. Accordingly, performing acts against a person that are incompatible with human dignity and that cause physical or psychological suffering, affect their ability to perceive or exercise free will, or humiliate them constitutes the crime of torture.

The primary factor distinguishing torture from ordinary crimes (such as two individuals physically assaulting each other during a fight) is the identity of the perpetrator.

For the crime of torture to occur, the act must be committed by a public official, upon the instigation of a public official, or through the abuse of authority granted by the perpetrator’s official position.

For example, systematic beatings, falaka (beating the soles of the feet), electric shocks, sleep deprivation, isolation, or severe psychological pressure applied by law enforcement officers to a detained or arrested suspect for the purpose of obtaining information, forcing a confession, punishment, or intimidation directly constitute the crime of torture.

Aggravating Circumstances and Criminal Sanctions for Torture

The penalties prescribed for the crime of torture under the Turkish Penal Code are extremely severe, and they increase depending on the manner in which the crime is committed.

Basic Penalty:

A public official who commits torture against a person is sentenced to imprisonment from 3 years to 12 years.

Aggravated Consequences Resulting from the Act:

If the torture causes serious consequences such as:

• loss of function of one of the victim’s senses or organs,
• permanent marks or scars on the body,
• weakening of speech ability,
• entering a vegetative state,

the penalty increases to 12 years to 18 years of imprisonment.

If the victim dies as a result of torture, the perpetrator is punished with aggravated life imprisonment.

Qualified Forms:

If torture is committed against:

• children,
• women,
• pregnant women,
• or persons who are unable to defend themselves physically or mentally,

the penalty is increased.

There Is No Statute of Limitations for the Crime of Torture

One of the most frequently asked questions by citizens is whether allegations of torture committed by state officials many years ago become time-barred.

According to international conventions and the fundamental principles of Turkish criminal law, the crime of torture is not subject to a statute of limitations.

Even after 20, 30, or 40 years, public officials who carried out acts of torture or ordered such acts may still be investigated and prosecuted.

Complaint Procedures and Legal Remedies for Turkish Citizens

A Turkish citizen who has been subjected to torture or ill-treatment should follow these legal steps in order to prove the incident and seek justice:

Applying to Judicial Authorities Immediately:

Following the incident, the person should file a criminal complaint with the Office of the Chief Public Prosecutor as soon as possible or report the incident to other authorities outside law enforcement, such as:

• the Human Rights and Equality Institution of Türkiye (TİHEK),
• the Ombudsman Institution.

Obtaining an Independent Medical Report:

A detailed medical report documenting signs of torture should be obtained immediately from:

• a fully equipped hospital emergency department,
• or the Forensic Medicine Institute.

Being examined by independent doctors rather than under police supervision is critically important to prevent evidence from being concealed or altered.

Legal Support from Bar Associations and Civil Society:

Torture allegations should be followed through lawyers specializing in criminal law and human rights centers of bar associations. Victims may also file claims for material and moral compensation.

Torture Crime: Rights, Protection, and Legal Procedures for Foreigners Living in Türkiye

For foreign nationals living in Türkiye, including those residing, working, under temporary protection, or seeking asylum, allegations of torture and ill-treatment are directly connected with international protection law and human rights conventions.

Whether foreigners experience torture in Türkiye or seek refuge in Türkiye due to the risk of torture in their home countries is addressed under strict legal principles.

Foreign Victims of Torture Living in Türkiye

Any foreign national located within Türkiye’s borders, regardless of their legal status (including tourists, irregular migrants, refugees, or residence permit holders), is fully protected under the Turkish Constitution and the Turkish Penal Code if they are subjected to torture or inhuman treatment by a public official.

Being a foreign national does not grant any public official the privilege to commit crimes against that person.

A foreign victim of torture, just like a Turkish citizen, may:

• file a criminal complaint before the Office of the Chief Public Prosecutor,
• request the initiation of an investigation,
• participate in judicial proceedings before Turkish courts.

Non-Refoulement Principle and Risk of Torture

One of the fundamental principles of foreign law and the international protection system is the principle of non-refoulement.

If a foreign national living in Türkiye or facing deportation has serious indications that they would be subjected to torture, inhuman or degrading treatment, or the death penalty in the country to which they would be returned, Türkiye cannot return or deport that person to that country under any circumstances (Law on Foreigners and International Protection No. 6458, Article 55).

This principle is one of the mandatory rules of international law (jus cogens), and Türkiye is obligated to comply with this obligation.

Persons Seeking Refuge in Türkiye Due to Torture in Their Home Country

Foreign nationals who have been subjected to torture or who face a risk of torture in their home countries due to:

• political beliefs,
• religious identity,
• ethnic background,
• social affiliation,

may apply for International Protection in Türkiye after entering the country legally or irregularly.

The relevant units of the Presidency of Migration Management evaluate whether the applicant has previously experienced torture by examining physical and psychological findings and determine whether protection status should be granted.

These individuals may be provided with:

• accommodation support,
• psychological assistance,
• legal aid mechanisms,

in accordance with international standards.

Practical Obstacles Faced by Foreigners Seeking Legal Remedies and Solutions

Foreign nationals living in Türkiye may face certain practical difficulties when bringing allegations of torture or ill-treatment before judicial authorities, including:

• language barriers,
• fear of deportation,
• lack of knowledge regarding legal rights.

The following methods should be used to overcome these difficulties:

Applying with an Interpreter

During statements or criminal complaints, individuals should request a sworn interpreter.

It is essential that their statements are accurately recorded in official documents without omissions or misunderstandings.

Legal Aid Offices and Migration Centers of Bar Associations

Foreign nationals who lack financial resources or whose rights have been violated may apply to:

• legal aid offices of local bar associations,
• human rights centers of bar associations,

and request free legal assistance.

International and Local Civil Society Organizations

Legal monitoring and support mechanisms may be accessed through:

• human rights organizations,
• organizations such as the Human Rights Association (İHD),
• the Human Rights Foundation of Türkiye (TİHV),
• partner organizations of the United Nations High Commissioner for Refugees (UNHCR).

Cruel Treatment (Eziyet) Crime: Scope, Elements of Systematic Pressure, and Legal Framework for Turkish Citizens

The crime of cruel treatment (eziyet) is regulated under Article 96 of the Turkish Penal Code and constitutes a serious offense targeting both the physical and psychological integrity of individuals.

Compared to torture, cruel treatment has a broader range of perpetrators because it does not require the perpetrator to be a public official.

This crime is frequently searched by citizens, particularly in cases involving:

• domestic violence,
• bullying,
• workplace mobbing,
• systematic psychological pressure.

The defining element of this crime is that the acts must be systematic and continuous.

Legal Definition of Cruel Treatment and Its Difference from Torture

According to the Turkish Penal Code, acts that:

• are incompatible with human dignity,
• cause continuous physical or psychological suffering,
• create feelings of helplessness,
• lead to psychological collapse,

constitute the crime of cruel treatment.

The most important difference from torture is that the perpetrator of cruel treatment does not have to be a public official. Anyone can commit this crime.

Examples include:

• A spouse who repeatedly physically abuses, insults, locks the other spouse inside the house, or deprives them of food.
• An employer or manager who systematically applies psychological pressure on an employee and damages their mental well-being.

For the crime to occur, the acts must not be limited to a single incident of assault or insult. They must be repeated over a period of time and acquire a systematic character.

Criminal Sanctions and Aggravating Circumstances for Cruel Treatment

Under Turkish law, cruel treatment is punished with significant imprisonment penalties due to its impact on social peace and family relations.

Basic Penalty:

A person who commits cruel treatment is sentenced to 2 years to 5 years of imprisonment.

Committed Against Children, Spouse, Relatives, or Vulnerable Persons:

If the crime is committed against:

• a child,
• a descendant,
• an ancestor,
• a spouse,
• a divorced spouse,
• a sibling,
• or a person unable to defend themselves physically or mentally,

the penalty increases to 3 years to 8 years of imprisonment.

Many domestic violence cases encountered in practice fall within this aggravated category.

Cases Resulting in Injury or Death:

If cruel treatment causes injury to the victim, the perpetrator is additionally punished for the crime of intentional injury.

If death occurs, the provisions regarding intentional homicide apply.

Protective Measures for Turkish Citizens in Cruel Treatment Cases (Law No. 6284)

Especially in cases involving domestic violence and cruel treatment, one of the most effective protection mechanisms available to Turkish citizens (and persons legally residing in Türkiye) is:

Law No. 6284 on the Protection of the Family and Prevention of Violence Against Women.

Victims of violence may apply to:

• family courts,
• law enforcement authorities,

and request urgent protective measures such as:

• restraining orders,
• prohibition of communication,
• shelter assistance,
• protective decisions.

Investigations into cruel treatment are generally not dependent on a complaint. Prosecutors are required to initiate an investigation automatically once they receive information about the crime.

Cruel Treatment Crime: Rights, Protection, and Legal Procedures for Foreigners Living in Türkiye

For foreign nationals living in Türkiye, including:

• refugees,
• persons under temporary protection,
• foreign workers,
• and their families,

one of the most sensitive issues encountered in daily life is domestic violence, family-based cruel treatment, and systematic social pressure.

The legal status of foreigners regarding these crimes is protected through both:

• the Turkish Penal Code,
• international protection mechanisms.

Scope of Cruel Treatment Crime for Foreigners Living in Türkiye

Any foreign national residing within Türkiye who is subjected to systematic physical or psychological violence by:

• a spouse,
• family members,
• relatives,

is fully protected under Article 96 of the Turkish Penal Code, particularly the aggravated form applicable to family members.

Whether the perpetrator is a Turkish citizen or a foreign national does not change the legal outcome. Turkish courts have full jurisdiction over crimes committed within Türkiye.

Foreign women and children have the same legal rights as Turkish citizens when they are victims of cruel treatment and may apply to judicial authorities.

Law No. 6284 and Protective Measures for Foreign Victims of Violence

Foreign nationals living in Türkiye under legal residence or temporary protection status have the right to benefit from the protective framework provided by Law No. 6284 on the Protection of the Family and Prevention of Violence Against Women when they are subjected to cruel treatment or violence.

A foreign woman who experiences violence may apply to:

• law enforcement authorities,
• Violence Prevention and Monitoring Centers (ŞÖNİM),

and may benefit from protective measures such as:

• placement in women’s shelters,
• restraining orders,
• protection decisions,

without fear of deportation.

A frequently encountered concern among foreign victims is the question: “Will I be deported if I report the violence?”

However, Turkish law and international conventions require authorities to protect the rights of foreign victims of violence and cruel treatment. Victims’ safety and protection needs must be taken into consideration by administrative authorities.

Legal Remedies and Support Mechanisms for Foreign Victims of Cruel Treatment

Foreign nationals living in Türkiye should follow these steps in order to effectively use legal remedies against crimes of cruel treatment:

Applications to Law Enforcement and Prosecutors

The victim should apply to the nearest:

• police station,
• gendarmerie station,
• or prosecutor’s office,

and report the cruel treatment or violence with the assistance of an interpreter.

The complaint petition should include:

• details of the systematic abuse,
• dates and incidents,
• names of witnesses,
• available evidence.

Legal Aid Offices of Bar Associations

Foreign victims who do not have sufficient financial resources may apply to the legal aid services of local bar associations.

They may request the appointment of a free lawyer to assist them with:

• criminal proceedings,
• protection applications,
• compensation claims.

Migration Management and Support Lines (YIMER 157)

Foreign nationals may contact the Foreigners Communication Center (YIMER 157) operated by the Migration Management authorities in emergency situations.

Through this service, foreigners can receive:

• guidance,
• information,
• protection referrals,

in their own languages, available 24 hours a day, 7 days a week.

Practical Risks, Safety Measures, and Legal Recommendations for Foreigners Living in Türkiye

Foreign communities living in Türkiye should pay attention to certain issues in order to avoid becoming victims of crimes against personal bodily integrity or becoming involved in criminal liability due to legal misunderstandings.

The following precautions are particularly important:

Choosing Legal Solutions Instead of Physical Confrontation

Commercial or personal disputes among foreign communities may sometimes escalate into physical fights and bodily injuries.

Attempts to enforce personal justice or resolve disputes through violence are not accepted under Turkish law and may result in serious imprisonment penalties.

Disputes should be resolved through:

• police authorities,
• courts,
• mediation mechanisms where applicable,
• legal representatives.

Seeking Professional Assistance When Protecting Legal Rights

Foreign nationals should take the following steps after experiencing an assault, violence, or a rights violation:

Immediately Contact Law Enforcement:

After an incident, they should report the matter to the police or gendarmerie and ensure that an official record is created.

Obtain a Medical Report:

Any physical injuries, signs of violence, or bodily harm should be documented through official healthcare institutions.

Seek Legal Assistance:

For criminal proceedings and compensation claims, victims should work with:

• specialized lawyers,
• bar association legal aid units,
• human rights organizations.

Cruel Treatment Crime: General Assessment

The crime of cruel treatment under Article 96 of the Turkish Penal Code protects individuals against systematic acts that violate human dignity and cause continuous physical or psychological suffering.

Unlike torture, which requires the involvement of a public official, cruel treatment may be committed by any person.

The main factors considered by courts include:

• whether the acts are repeated,
• whether they create continuous suffering,
• whether they damage the victim’s physical or psychological integrity,
• the relationship between the victim and perpetrator.

Both Turkish citizens and foreigners living in Türkiye are protected under the same criminal law principles when such crimes occur within Türkiye.

Victims have the right to:

• report the crime,
• request protection measures,
• participate in criminal proceedings,
• seek material and moral compensation,
• receive legal assistance.