Short answer
If you are arrested in Turkey, you may remain silent, have a lawyer from the start, get a free interpreter if you do not speak Turkish, and have your consulate informed unless you object in writing. Police custody is normally limited to 24 hours before release or a judge, with longer limits only in specific cases such as collective offences.
In this article
Being arrested in Turkey as a tourist or foreign resident is frightening, especially when you do not speak the language. Türkiye (Turkey) grants detained foreigners the same procedural rights as its citizens, plus some extra safeguards, such as consular notification and a state-paid interpreter. Knowing these rights helps you avoid mistakes in the first hours, which often shape the rest of the case.
What happens when you are arrested in Türkiye?
Arrest (yakalama) can be made by the police in flagrant cases or where there is an urgent need; the police must inform you of your legal rights immediately after taking safety measures and notify the public prosecutor at once (Code of Criminal Procedure, Ceza Muhakemesi Kanunu, CMK, art. 90). If the prosecutor does not release you, custody (gözaltı) may be ordered to complete the investigation.
| Situation | Maximum period |
|---|---|
| Ordinary custody | 24 hours from arrest, plus up to 12 hours needed to bring you to the nearest judge |
| Collective offences (committed by three or more people, CMK art. 2/1-k), with the prosecutor's written order | Extensions of one day at a time, up to three more days |
| Certain listed offences caught in the act, such as intentional injury, theft or drug trafficking (art. 91/4) | Custody ordered by senior police officers for up to 24 hours (48 hours during violent public unrest or for collective offences); appearance before a judge within 48 hours at the latest (four days for collective offences) |
| End of custody | Release, or appearance before the criminal judge of peace for questioning, where your lawyer is also present (art. 91/7) |
You, your lawyer, your spouse or close relatives can apply to the criminal judge of peace (sulh ceza hakimliği) against the arrest or custody order; the judge decides on the file within 24 hours (art. 91/5).
Do you have a right to an interpreter?
Yes. If you do not speak Turkish well enough to express yourself, the essential points are translated by an interpreter appointed by the prosecutor or judge, already during the investigation stage (CMK art. 202/1 and 202/3). The interpreter's costs are paid by the State and are not charged to you (art. 324/5). Do not sign a statement you have not understood; ask for the record to be read to you in translation first.
Will your consulate be informed?
Turkish law goes further than the international minimum. The Vienna Convention on Consular Relations (art. 36) requires the authorities to inform the consulate if the detained national asks for it. Under CMK art. 95/2, if a foreigner is arrested or taken into custody, the consulate of their country is notified unless they object in writing. In addition, a relative or a person you name is informed without delay on the prosecutor's order (art. 95/1).
Consular staff cannot act as your lawyer or secure your release, but they can visit you, contact your family and provide a list of local lawyers.
When can you see a lawyer?
- You may have a lawyer at every stage, including during police questioning; up to three lawyers may attend a statement, and the lawyer's right to meet you and assist you cannot be blocked (CMK art. 149).
- If you cannot choose a lawyer and want one, the bar association appoints one (art. 150/1). A lawyer is appointed even without a request for children, for suspects who cannot defend themselves, and for offences punishable by a minimum of more than five years (art. 150/2–3).
- You can speak to your lawyer in private at any time, without a power of attorney; only for certain terrorism, state-security and organised drug offences can a judge restrict this for 24 hours (art. 154).
- You must answer questions about your identity, but you have the right not to comment on the accusation (art. 147/1-a, e).
- A statement taken by the police without a lawyer cannot be the basis of a conviction unless you confirm it before a judge or court (art. 148/4).
What can happen after custody?
The prosecutor may release you, release you and ask the judge for judicial control, such as a travel ban or regular reporting, or ask the judge to order pre-trial detention (tutuklama). A detention decision is made by the criminal judge of peace, who must give concrete reasons; your lawyer assists you at that hearing (CMK art. 101). You can object to detention or judicial control decisions within two weeks (art. 268).
A criminal case can also affect your stay. Under Law No. 6458 art. 54, a deportation decision may be taken, for example, against foreigners considered a threat to public order or security, or who, after serving a prison sentence, are reported to the Ministry of Interior for a deportation assessment (Turkish Criminal Code art. 59). A deportation decision can be challenged at the administrative court within seven days of notification; unless you agree, you are not removed during that period or while the case is pending (art. 53/3).
If you or a family member is detained
Stay calm and identify yourself
Give your identity details, but do not discuss the accusation until you have spoken to a lawyer.
Ask for an interpreter
Say clearly that you do not understand Turkish well enough, and ask for every document to be translated before you sign.
Ask for a lawyer
Name a lawyer if you have one, or ask for a lawyer from the bar association.
Decide on consular notification
Your consulate is informed unless you object in writing; you can also ask for a relative to be told.
Keep documents
Ask for copies of the rights form, the custody record and any decision, and give them to your lawyer.
More on criminal proceedings is available on our criminal law page. Because every custody situation is different, individual legal advice should be sought as early as possible.
Frequently asked questions
How long can the police hold me in Turkey?
Police custody may not exceed 24 hours from arrest, plus up to 12 hours needed to bring you before the nearest judge (CMK art. 91). For offences committed collectively, the prosecutor can extend custody by one day at a time, up to three more days, and for certain listed offences caught in the act you must be brought before a judge within 48 hours at the latest. You must then be released or brought before a judge.
Do I have to make a statement without a lawyer?
No. You must give your identity details, but you have the right to remain silent about the accusation and to have a lawyer present during questioning (CMK arts. 147 and 149). If you cannot choose a lawyer, the bar association appoints one on request. A police statement taken without a lawyer needs your confirmation before a judge to be used for a conviction.
Is the interpreter free in Turkish criminal proceedings?
Yes. If you do not speak Turkish well enough, an interpreter is appointed by the prosecutor or judge during the investigation and by the court at trial. The costs are borne by the State and are not counted as trial costs (CMK arts. 202 and 324/5). You may ask for documents to be read to you in translation before signing.
Will my embassy be told I was arrested in Turkey?
Yes, unless you object in writing. Under CMK art. 95/2, the consulate of a foreigner who is arrested or taken into custody is notified. A relative or a person you name is also informed on the prosecutor's order. The consulate can visit you and help with contacts, but it cannot represent you in court.
Can I be deported after an arrest in Turkey?
An arrest alone does not mean deportation. Under Law No. 6458 art. 54, deportation may follow, for example, if you are considered a threat to public order or security or after a prison sentence has been served (Turkish Criminal Code art. 59). A deportation decision can be challenged at the administrative court within seven days, and unless you agree, you are not removed during that period or while the case is pending.