Being taken into custody in Turkey is a restriction of freedom and can have serious legal consequences for the person concerned. It is crucial for individuals in custody to be fully aware of their rights and to familiarize themselves with the legal procedures.
Many people are often unsure about what to do when they are taken into custody and what rights they have. This process can be very stressful and complex if one is not familiar with legal procedures. The Turkish legal system provides measures to protect the rights of individuals in custody, but to take the correct steps, seeking legal assistance is crucial. This article discusses the rights of individuals in custody, particularly with regard to the special circumstances that need to be considered for foreign nationals.
The Custody Process and Legal Foundations
In Turkey, a person may be taken into custody under the Turkish Criminal Procedure Code (CMK) and only under specific conditions. Reasons for being taken into custody may include suspicion of committing a crime, the risk of evidence tampering, the danger of fleeing, or the suspicion of reaching the perpetrator. However, custody must always be lawful, and the person must be able to exercise their legally defined rights during the custody process.
Custody is carried out by the police or gendarmerie, and once a person is taken into custody, they should immediately be able to contact a lawyer. In Turkey, a person in custody has the right to communicate, the right to consult with a lawyer, and the right to receive legal assistance.
What Should I Do If I Am Taken into Custody?
- Know Your Rights: The Constitution of the Republic of Turkey and the Criminal Procedure Code (CMK) grant individuals in custody several rights. These include the right to a lawyer, the right to notify family members, and the right to medical care.
- Contact a Lawyer: The first person you should contact when taken into custody is your lawyer. Your lawyer will help protect your rights and monitor the process.
- Statement: Do not rush to make a statement, and do not provide any statement before consulting with your lawyer. A false statement can complicate your situation.
Your Rights During the Custody Process
Custody and detention are two separate matters. The custody process is generally limited to 24 hours but can be extended up to 48 hours by a court order in certain cases. During custody, you have certain fundamental rights:
- Right to a Lawyer: Upon being taken into custody, you have the right to immediately request a lawyer. In Turkey, legal assistance during the custody process is essential. Your lawyer can represent you during your statement, defend your rights, and protect you during questioning.
- Right to Remain Silent: When taken into custody, you are not obligated to make any statements regarding the charges. Your right to remain silent is one of your most fundamental rights. Your lawyer will explain when you should exercise your right to remain silent and will provide legal advice on your behalf.
- Right to Medical Care: If you experience health issues during custody, you have the right to medical assistance. Your lawyer will ensure that this right is not violated.
- Consular Assistance (for Foreign Nationals): If you are a foreign national, you have the right to contact your country’s consulate as soon as possible.
Why Do I Need a Lawyer If I Am Taken into Custody?
One of the most important steps during the custody process is contacting a professional lawyer. A lawyer ensures that the legal process is carried out correctly and that your rights are protected. Legal assistance during custody helps protect you in several key areas:
- Legal Advice: When taken into custody, you may have many questions about your rights. Your lawyer will explain the entire process to you and ensure that you are fully aware of your rights. They will also check to make sure that your rights are protected during custody and, if necessary, initiate legal actions.
- Exercising the Right to Defense: During questioning by the prosecutor or police, it is crucial to have a lawyer to defend you properly. Your lawyer will advise you on what to focus on when giving a statement and help you avoid making statements that could lead to misunderstandings.
- Communication with Family and Relatives: Your lawyer will communicate with your family and relatives and keep them informed about the process.
- Reducing the Custody Period: Your lawyer will take all necessary legal steps to secure your release as quickly as possible.
Special Circumstances for Foreign Nationals
For foreign nationals, the custody process can be more complex due to language barriers and cultural differences. Therefore, there are several important considerations when a foreign national is taken into custody in Turkey:
- Language Barriers: During custody or interactions with the police or prosecutor, language barriers may arise. You have the right to request an interpreter in your language when giving a statement. A lawyer can ensure that an interpreter is provided.
- Consular Assistance: If you are a foreign national, you may need to contact your embassy or consulate. Your lawyer will organize the contact with your consular representation and help you receive diplomatic support.
- Legal Assistance: Foreign nationals who are not familiar with the Turkish legal system or the provisions of the Turkish Penal Code should consult a lawyer who speaks their language and is familiar with local laws.
- Risk of Deportation: Foreign nationals may face the risk of deportation during the custody process. Therefore, it is important to consult a lawyer to understand your rights.
Conclusion
Being taken into custody in Turkey is a challenging process. If you are taken into custody, it is extremely important to contact a lawyer to ensure that the process is handled properly and that your rights are protected. A lawyer will defend your rights not only during the custody process but also during later stages of the case, developing legal strategies to help you. Especially for foreign nationals, the support of an experienced lawyer in Turkey is essential. Therefore, the most effective way to protect yourself from potential negative consequences is to contact a lawyer immediately. Remember, your lawyer is your most important support, guiding you through the legal process and safeguarding your rights.
