Understanding the Detention Process and Rights of the Detained in Istanbul

Apprehension and custody

Apprehension and custody are distinct. Under Article 91 of the Criminal Procedure Code, custody generally requires a prosecutor’s decision, investigative necessity and concrete indications of an offence. Police-supervisor powers in specified statutory situations are not a general unlimited authority.

Calculating the period

The ordinary period is twenty-four hours from apprehension, with necessary transfer time not exceeding twelve hours. For collective offences, difficulties in collecting evidence or the number of suspects may permit the prosecutor to order up to three additional days, in extensions not exceeding one day each. Article 91(4) and any applicable special rules require separate checking.

Rights during questioning

The suspect must be informed of the allegation and rights, including silence, assistance of defence counsel and requesting collection of favourable evidence. Notification of relatives and medical checks follow the applicable procedure. Coercion and unlawful questioning methods are prohibited.

Challenge and next stage

Apprehension, custody and extensions may be challenged before a criminal judgeship of peace under Article 91(5). The process may lead to release or appearance before a judge; remand is not automatic. Detention and judicial supervision have separate requirements and need judicial decisions.

Legal basis

Criminal Procedure Code, Articles 90–95, 147–150

Legal information: This article provides general information on Turkish law. The documents, dates and applicable rules of each case require individual assessment.