Detention before conviction (tutuklama) is the most severe restriction of liberty available in Turkish criminal procedure. Because it punishes before guilt is established, the law treats it as a measure of last resort. Understanding the legal limits on detention — and the rights that attach from the very first moment of contact with law enforcement — is essential for suspects, accused persons, and their families.
Custody vs Detention: A Critical Distinction
Two different stages of liberty restriction are often confused:
Police custody (gözaltı) is the initial deprivation of liberty by law enforcement without a court order. Under Turkish law, the maximum custody period is 48 hours for ordinary offences. Custody does not require a judicial decision; it is an operational measure subject to immediate challenge.
Pre-trial detention (tutuklama) is ordered exclusively by a judge (sulh ceza hakimi). It can only be imposed when there is a concrete basis for suspicion and at least one statutory detention ground exists — principally flight risk or risk of evidence tampering. Detention is the formal, judicially authorised deprivation of liberty that can extend for months or years.
Maximum Detention Periods
| Offence Category | Base Period | Maximum Extension | Overall Maximum |
|---|---|---|---|
| Ordinary offences | 1 year | 6 months | 18 months |
| Heavy criminal court jurisdiction | 2 years | Up to 3 years | 5 years |
| Terrorism and organised crime | 3 years | Further extensions | Up to 7–9 years |
These are absolute ceilings. A detainee who has been held beyond the applicable maximum must be released regardless of the stage of proceedings.
Rights of Detainees
The following rights attach from the moment of first contact with law enforcement and cannot be waived or suspended:
Right to legal counsel: a suspect may request a lawyer immediately upon custody. Where no lawyer has been chosen, the bar association assigns one. No statement may be taken from a suspect who wishes to consult a lawyer before the lawyer has had the opportunity to attend.
Right to silence: a suspect is not obliged to make any statement. The decision to remain silent cannot be used as evidence of guilt. Exercising this right early — before the scope of the investigation is understood — is often the most important single decision in a criminal case.
Right to be informed: the suspect must be told, in a language they understand, the nature of the accusation, their right to a lawyer, and their right to silence.
Right to notify family: the suspect has the right to have a family member or trusted person informed of the custody.
Right to humane treatment: detention conditions must meet constitutional and European Convention standards. Inhumane treatment constitutes grounds for both administrative complaint and individual application to the Constitutional Court.
Challenging Detention
Objection (itiraz): a detained person or their lawyer may file a written objection to the sulh ceza hakimliği within seven days of the detention order. The objection court reviews the legal basis for detention and may order release or impose judicial control measures instead.
Periodic review: detention is subject to regular judicial review throughout proceedings. The accused and their counsel may present new grounds for release at each review hearing.
Judicial control as an alternative: where the grounds for detention exist but full custody is not strictly necessary, the court may substitute judicial control (adli kontrol) measures such as a travel ban or regular reporting obligation.
Individual application to the Constitutional Court: where domestic remedies have been exhausted without result, the detainee may apply to the Constitutional Court on the ground that the detention violates constitutional rights.
Frequently Asked Questions
Can the police hold me for more than 48 hours without a judge’s order? As a general rule, no. After 48 hours, continuing custody requires a judicial decision. In practice, if the prosecutor does not apply for detention within the custody period, the detainee must be released. Terrorism cases can involve a longer initial custody period under specific legislative provisions.
What happens if the maximum detention period expires before the case is decided? The detainee must be released immediately. The criminal proceedings continue, but the accused is tried at liberty — subject, if the court considers it necessary, to judicial control measures such as a travel ban.
My family member was detained and we cannot find a lawyer. What should we do? Contact the nearest bar association (baro). Every bar association operates an on-call duty lawyer service. The suspect also has the right to request that a bar association lawyer be assigned at the place of custody. Do not allow any statement to be taken before a lawyer is present.
Is it possible to be released before the maximum period expires? Yes. The accused or their counsel can apply for release at any time by demonstrating that the grounds for detention no longer exist — for example, because the evidence has been secured, the risk of flight has been eliminated, or the proportionality of continued detention has shifted. Release may be granted unconditionally or subject to judicial control measures.