What to Do If You Are Arrested in Turkey

What to Do If You Are Arrested in Turkey Being arrested in a foreign country is a stressful and disorienting experience. If you are a foreign national detained in Turkey, knowing your legal rights from the very first moment can make a significant difference in the outcome of your case. This guide explains what you should do — and what you should avoid — if you are arrested or detained in Turkey.

You Have Rights From the Moment of Detention

Turkish law, in line with international human rights standards, grants you specific rights from the moment you are taken into custody. These rights are protected under the Turkish Constitution, the Code of Criminal Procedure (CMK), and international conventions to which Turkey is a party. Your rights include:

The right to be informed of the reason for your detention
The right to remain silent
The right to legal representation — immediately and throughout the process
The right to an interpreter if you do not speak Turkish
The right to have your consulate notified of your detention
The right to notify a family member or trusted person

Step 1: Stay Calm and Do Not Resist

The most important thing you can do in the first moments of an arrest is to remain calm. Do not resist, argue aggressively, or attempt to flee. Resisting arrest can result in additional criminal charges and may complicate your legal situation significantly. Be polite and cooperative in terms of your conduct — but do not answer any questions about the alleged offence until you have spoken with a lawyer.

Step 2: Exercise Your Right to Remain Silent

You are not obligated to answer any questions from police officers or prosecutors regarding the alleged offence. Anything you say can and will be used against you in criminal proceedings. Clearly state: “I want to speak with a lawyer before answering any questions.” This is your right under Turkish law and cannot be denied to you. Do not try to explain yourself, deny the charges, or provide any statement — even if you believe it will help your case. Many people inadvertently harm their own defence by speaking before consulting a lawyer.

Step 3: Request a Lawyer Immediately

As soon as you are detained, request a lawyer. This is your most important right. If you do not have a lawyer, the police are required to assign a duty lawyer (nöbetçi avukat) from the bar association free of charge. However, a duty lawyer assigned in this way may not speak English and may not be familiar with the specific circumstances of your case. If at all possible, contact a private lawyer — particularly one with experience representing foreign nationals — as quickly as possible. An experienced lawyer will:

Advise you on your rights and the nature of the charges
Be present during police questioning
Apply for your release from custody if appropriate
Communicate with your family or consulate on your behalf
Prepare your defence strategy from day one

Step 4: Request Consular Notification

Under the Vienna Convention on Consular Relations, you have the right to have your country’s consulate notified of your detention without delay. The consulate can:

Visit you in custody
Provide a list of local lawyers
Notify your family
Monitor that you are being treated in accordance with Turkish law

Make this request as early as possible. The police are legally required to facilitate consular contact upon your request.

Step 5: Request an Interpreter

If you do not speak Turkish, you have the right to a free interpreter at every stage of the proceedings — during police questioning, prosecutor interviews, and court hearings. Do not proceed with any questioning or sign any document without fully understanding its contents. If an interpreter is not provided, clearly state that you do not understand the proceedings and request one before continuing.

How Long Can You Be Detained Without Charge?

Under Turkish law, the police may detain you for up to 24 hours for most offences. This period can be extended to 48 hours by a prosecutor’s order in certain cases. For offences falling under organised crime or terrorism provisions, the detention period may be extended further by a court decision. If you are not released or formally arrested (tutuklanma) within these timeframes, your lawyer can challenge your continued detention before a judge.

What Happens After Detention?

After the initial detention period, one of the following will occur:

Release: The prosecutor determines there is insufficient evidence to proceed.
Judicial supervision (adli kontrol): You are released under conditions such as regular reporting to police or a travel ban.
Formal arrest (tutuklama): A judge orders your remand in custody pending trial.

If you are formally arrested, your lawyer can challenge this decision and apply for your release at regular intervals throughout the proceedings.

Common Mistakes to Avoid

Talking to police without a lawyer present
Signing documents you do not understand
Assuming the situation will resolve itself without legal help
Failing to request consular notification
Contacting people on your phone before your lawyer advises you to do so

Get Legal Help Immediately

If you or someone you know has been arrested in Turkey, time is critical. The first hours of detention are often the most important for building a strong defence. Do not wait — contact a lawyer as soon as possible. Our office provides legal representation for foreign nationals in criminal proceedings in Turkey, with full communication in English at every stage of the process.

Bu makale yalnızca genel bilgi amaçlıdır; hukuki tavsiye niteliği taşımaz. Somut durumunuz için bir avukata danışmanız önerilir.