Arrested or Detained in Antalya, Turkey? Legal Rights of Foreigners
Being stopped, apprehended or taken into custody in a country whose language you do not speak is disorienting. This guide sets out, in order, what happens in the first hours after a foreign national is detained in Antalya, which rights apply at each point, and where those rights come from in the Turkish Code of Criminal Procedure (Law No. 5271, “CCP”).
For the wider picture — the investigation, the trial, the courts and the offences most often involved — see our main guide for a criminal lawyer in Antalya and criminal proceedings in Türkiye.
Apprehension, custody and detention are three different things
Direct answer: Turkish law distinguishes yakalama (apprehension), gözaltı (police custody, up to 24 hours) and tutuklama (pre-trial detention ordered by a judge). They have different legal bases, different durations and different remedies. Knowing which one applies to you determines what can be done next.
| Apprehension yakalama |
Police custody gözaltı |
Pre-trial detention tutuklama |
|
|---|---|---|---|
| Who decides | Police, or in some cases any person | Public prosecutor | Judge |
| Legal basis | CCP Art. 90 | CCP Art. 91 | CCP Art. 100 |
| Duration | Immediate and brief | Normally up to 24 hours | Months; limits in CCP Art. 102 |
| Challenge | — | Application to criminal judgeship of peace, Art. 91(5) | Objection against the detention order |
When can you be apprehended?
CCP Article 90(1) allows anyone to make a temporary apprehension where a person is caught in the act of committing an offence, or where a person being pursued for an offence committed in flagrante may flee or cannot immediately be identified.
Article 90(2) gives the police the power to apprehend where an arrest warrant or detention order would be required and there is urgency, if there is no possibility of immediately contacting the public prosecutor or a superior.
Article 90(4) is the provision that matters to you at that moment: after taking measures to prevent flight or harm, the police must immediately inform the person apprehended of their legal rights. Article 90(5) requires the prosecutor to be informed immediately, and the matter then proceeds on the prosecutor’s instruction.
What must happen in the first hours?
Direct answer: You must be told your rights immediately, a person of your choosing must be notified without delay, and — if you are a foreign national — your consulate must be informed unless you object in writing.
Notification of a relative or a person you nominate
CCP Article 95(1): where a suspect or defendant is apprehended, taken into custody, or where custody is extended, a relative or a person they designate is informed without delay, on the prosecutor’s instruction.
You choose who is notified. It does not have to be a family member. For someone travelling alone, nominating a person who can actually act — a colleague, a friend in Türkiye, or a lawyer — is more useful than nominating a relative abroad who cannot.
Consular notification
CCP Article 95(2): if the person apprehended or taken into custody is a foreign national, their situation is reported to the consulate of the state of which they are a national, unless they object in writing.
This is a default, not something you have to earn. A consulate cannot represent you in the proceedings or secure your release, but it can usually confirm your whereabouts to your family, provide lists of local lawyers, and in some cases assist with communication.
How long can police custody last?
Direct answer: Under CCP Article 91(1), custody may not exceed 24 hours from the moment of apprehension, excluding the time necessary to bring you before the nearest judge or court, which itself may not exceed 12 hours.
Two conditions must be met for custody at all, under Article 91(2): the measure must be necessary for the investigation, and there must be concrete evidence indicating that you committed an offence.
Extensions
Article 91(3) applies to offences committed collectively. Where the collection of evidence is difficult or there are many suspects, the public prosecutor may order in writing that custody be extended for up to three days, by no more than one day at a time. The extension order must be served on the person in custody immediately.
Article 91(4) sets out a separate regime, limited to situations in flagrante, for a defined list of offences — including intentional killing, negligent killing, intentional injury, sexual assault, sexual abuse of children, theft, robbery, and the manufacture and trafficking of narcotics — where police chiefs designated by the civil authority may order custody of up to 24 hours, or up to 48 hours during widespread public-order incidents. Even then, the person must be brought before a judge within 48 hours, or four days for offences committed collectively.
What happens at the end of custody
Under Article 91(7), if you are not released, you are brought before a criminal judge of peace and questioned at the latest by the end of those periods. Your lawyer is present at that questioning.
Can you challenge being held?
Direct answer: Yes. Under CCP Article 91(5), you or certain people close to you can apply to the criminal judgeship of peace for immediate release, and the judge must decide within 24 hours.
The application may be made by:
- the person apprehended,
- their lawyer,
- their legal representative,
- their spouse,
- a relative by blood in the first or second degree.
It may be directed against the apprehension itself, against the decision to take you into custody, or against a written order extending custody. The judge examines the file — not in a hearing — and either rejects the application or orders that you be brought, with the investigation file, before the public prosecutor.
Article 91(6) adds a protection afterwards: once released at the end of custody or by the judge’s decision, you cannot be apprehended again for the same conduct unless new and sufficient evidence is obtained and the prosecutor so decides.
Your rights when your statement is taken
Direct answer: Before any statement, you must be told the offence alleged, that you may have a lawyer, that you may remain silent, and that you may ask for evidence in your favour to be collected. These are set out in CCP Article 147.
CCP Article 147(1) requires, in order:
- (a) your identity is established — and you must answer identity questions truthfully;
- (b) the offence attributed to you is explained;
- (c) you are told you may choose a lawyer, benefit from their assistance, and have them present; and that if you cannot appoint one and wish to have one, a lawyer is assigned by the bar association;
- (d) a relative of your choosing is informed of your apprehension immediately;
- (e) you are told that not making a statement about the offence is your legal right;
- (f) you are reminded that you may request that concrete evidence be collected to clear the suspicion, and given the opportunity to put forward matters in your favour;
- (g) information is taken about your personal and economic circumstances;
- (h) technical means are used to record the process;
- (i) a record is drawn up, read, and signed by you and your lawyer — and if you refuse to sign, the reasons are noted.
Prohibited methods
CCP Article 148(1) requires that your statement rest on your free will, and prohibits ill-treatment, torture, administration of drugs, exhaustion, deception, coercion, threats and the use of certain devices. Article 148(2) prohibits the promise of an unlawful benefit.
Article 148(3): statements obtained through prohibited methods cannot be evaluated as evidence, even if given with consent.
Article 148(4): a statement taken by the police without a lawyer present cannot form the basis of a judgment unless confirmed by the suspect or defendant before a judge or court.
Article 148(5): where a further statement about the same incident becomes necessary, it may only be taken by the public prosecutor.
When is a lawyer assigned automatically?
Direct answer: Under CCP Article 150, a lawyer is assigned on request if you cannot appoint one — and automatically, without any request, in four situations.
Article 150(1): you are asked to choose a lawyer; if you state that you are not in a position to do so, a lawyer is assigned on your request.
Article 150(2) and (3): a lawyer is assigned without any request being sought where the suspect or defendant:
- is a child;
- is disabled to a degree that prevents them from defending themselves;
- is deaf and mute; or
- is under investigation or prosecution for an offence carrying a minimum penalty of more than five years’ imprisonment.
In Antalya, assignment is made through the Antalya Bar Association. An assigned lawyer is a real lawyer with the full rights set out in Article 149(3) — including the right to meet you and to be present throughout.
The right to an interpreter in custody
Direct answer: Yes, at the investigation stage too. CCP Article 202(3) extends the interpreter provisions to suspects, victims and witnesses heard during the investigation, with the interpreter appointed by the judge or the public prosecutor.
Article 202(1) sets the test: where the person does not speak Turkish well enough to express themselves, the essential points are translated through an appointed interpreter.
Practical point: the statement record is written in Turkish. If you sign it, you are signing a Turkish document. If the interpretation was incomplete, or you disagree with how something has been written, say so before signing and ask for that to be recorded — Article 147(1)(i) expressly contemplates a refusal to sign and the noting of reasons.
If the judge orders detention or judicial control
At the end of custody you are brought before a criminal judge of peace, who may release you, order judicial control, or order pre-trial detention.
Under CCP Article 100(1), detention requires concrete evidence of strong suspicion and a ground for detention, and may not be ordered where it would be disproportionate. Article 100(4) prohibits detention altogether for offences punishable only by a judicial fine, or where the upper limit of imprisonment does not exceed two years — except for offences against bodily integrity committed intentionally.
Under Article 109(1), where grounds for detention exist, the judge may impose judicial control instead. For foreign nationals the obligation most often imposed is the prohibition on leaving the country under Article 109(3)(a). Others include regular reporting, surrender of a driving licence, depositing a security, house arrest and a prohibition on leaving a designated area.
Detention and judicial control decisions can be challenged by objection. What that involves in a particular case depends on the reasoning given in the decision.
Practical checklist
- Say you want a lawyer, and that you will not give a statement until one is present. Say it clearly and early.
- Ask that your consulate be notified under Article 95(2), and that this be recorded.
- Nominate someone who can act for the Article 95(1) notification — ideally someone in Türkiye.
- Do not sign anything you have not understood. Ask for interpretation, and ask for objections to be recorded.
- Note the times. When you were apprehended, when you arrived at the station, when your statement was taken. The 24-hour limit in Article 91(1) runs from apprehension.
- Ask for the investigation file number and the name of the prosecutor’s office.
- Do not discuss the facts with other detainees or with the complainant.
Frequently asked questions
How long can I be held by the police in Türkiye?
Normally up to 24 hours from apprehension under CCP Article 91(1), excluding up to 12 hours for transport to the nearest judge. Extensions of up to three days are possible for offences committed collectively under Article 91(3), and a separate regime applies in certain in flagrante situations under Article 91(4).
Will the police contact my embassy or consulate?
Under CCP Article 95(2), the situation of a detained foreign national is reported to the consulate of their state of nationality unless they object in writing.
Can I refuse to answer questions?
Yes, as to the offence alleged — CCP Article 147(1)(e) requires that you be told this is your legal right. You must, however, answer questions about your identity truthfully under Article 147(1)(a).
I already gave a statement without a lawyer. Does that decide my case?
Not by itself. CCP Article 148(4) provides that a statement taken by the police without a lawyer present cannot form the basis of a judgment unless you confirm it before a judge or court.
Can someone apply to have me released while I am in custody?
Yes. Under CCP Article 91(5) your lawyer, legal representative, spouse or a relative by blood in the first or second degree may apply to the criminal judgeship of peace, which decides within 24 hours.
Do I have to pay for the assigned lawyer?
A lawyer assigned through the bar association under CCP Article 150 is appointed within the framework of that system. You remain free to instruct a lawyer of your own choosing at any stage under Article 149(1).
Can I be re-arrested after being released?
Under CCP Article 91(6), not for the same conduct unless new and sufficient evidence is obtained and the public prosecutor so decides.
If you or someone you know has been detained in Antalya
If you are involved in a criminal investigation or proceeding in Antalya, obtaining legal advice at an early stage can help you understand the allegations, your procedural rights and the options available to you. Our office can be contacted in English through the contact page, and our work with clients based abroad is described on the legal support for foreign nationals page.
Sources
- Code of Criminal Procedure (Law No. 5271) — Articles 90, 91, 95, 100, 102, 109, 147, 148, 149, 150, 202
This article is provided for general informational purposes and does not constitute legal advice. The applicable legal procedure may vary depending on the facts and circumstances of each case.