Summoned by the Police or Prosecutor in Turkey: Rights of Suspects and Witnesses
Receiving a call or notice to give a statement to the police, gendarmerie or public prosecutor in Turkey is a stressful experience, particularly for foreign nationals who do not speak Turkish. Yet the statement given at this stage is one of the most critical moments of a criminal investigation: what is said can determine the direction of the investigation and may later be used as important evidence in a criminal case.
This guide explains how a summons to give a statement is made, how to deal with summons by telephone, why the difference between a suspect and a witness matters, the rights of a suspect under the Code of Criminal Procedure (CCP), prohibited methods of questioning, the duration of police custody, the points to consider when giving a statement and the specific rights of foreign nationals.
In Brief: Giving a Statement in Turkey
- Summons to give a statement are made by written notice, through the electronic notification system or by telephone; a person who does not attend without a valid reason may be brought by force.
- A suspect has the right to remain silent and the right to a lawyer; a witness is obliged to tell the truth.
- Statements obtained by prohibited methods, such as threats, pressure or deception, cannot be used as evidence.
- Police custody generally may not exceed 24 hours, excluding travel time to the court.
- Foreign nationals have the right to a free interpreter and to have their consulate informed.
How Is a Summons Made?
Under Article 145 CCP, a person to be questioned as a suspect is summoned by a written notice stating the reason for the summons and that they may be brought by force if they do not attend. In practice, summons are also made through the national electronic notification system (e-Devlet) or by telephone by the police, gendarmerie or prosecutor’s office.
Summons by Telephone: Beware of Fraud
Fraudsters frequently pose as police officers or prosecutors by telephone and ask for money transfers or personal information on the pretext of an investigation. Genuine authorities never ask for money, bank details or passwords by telephone. If in doubt, the caller’s identity should be checked by calling the relevant police station or prosecutor’s office directly through their official numbers.
Why Does the Difference Between a Suspect and a Witness Matter?
A suspect is a person suspected of having committed an offence and has the right to remain silent and the right to a lawyer. A witness, on the other hand, is obliged to tell the truth and may be liable for false testimony. It is therefore important to find out in what capacity one is being summoned before giving a statement. A person summoned as a witness may, during questioning, find themselves treated as a suspect; in that case, they must be informed of their rights as a suspect.
Rights of a Suspect During Questioning (Article 147 CCP)
- The right to be informed of the allegations,
- The right to remain silent; exercising this right cannot be held against the suspect,
- The right to a lawyer of one’s choice, and the right to have a lawyer appointed by the bar association free of charge where required,
- The right to have a relative informed of the detention,
- The right to request the collection of evidence in one’s favour,
- The right to an interpreter if one does not understand Turkish.
Prohibited Methods of Questioning (Article 148 CCP)
Statements must be given freely. Physical or psychological intervention such as ill-treatment, torture, threats, pressure, deception, administering drugs or promising unlawful benefits is prohibited. Statements obtained by these methods cannot be used as evidence, even with the suspect’s consent. In addition, a statement given to the police without a lawyer present cannot be the basis of a judgment unless it is confirmed by the suspect before a judge or court.
The Importance of Legal Assistance When Giving a Statement
A lawyer can review the file to the extent permitted, explain the allegations, advise whether to make a statement or remain silent, ensure that the statement is recorded accurately and object to any irregularities. For foreign nationals in particular, a lawyer helps ensure that the interpretation is accurate and that the statement reflects what was actually said.
How Long Can Police Custody Last? (Article 91 CCP)
Police custody may not exceed 24 hours from the time of arrest, excluding the time required to bring the person before the nearest judge. In collective offences, the public prosecutor may extend custody by one day at a time, up to a total of three additional days. Longer periods apply for certain offences such as terrorism. The person in custody, their lawyer and certain relatives may challenge the custody order before the criminal judge of peace.
Points to Consider When Giving a Statement
- Learn whether you are summoned as a suspect or a witness.
- Do not sign the statement without reading it carefully; ask for corrections if anything is recorded incorrectly.
- If you do not understand Turkish fully, insist on an interpreter.
- Avoid speculation and statements on matters you do not know.
- Consider exercising your right to remain silent until you have consulted a lawyer.
Specific Rights of Foreign Nationals
- Foreign nationals who do not speak Turkish have the right to a free interpreter during questioning and at hearings (Article 202 CCP).
- Under the Vienna Convention on Consular Relations, a detained foreign national may request that their consulate be informed and may communicate with consular officials.
- As a judicial control measure, a travel ban may be imposed preventing departure from Turkey (Article 109 CCP); such measures can be challenged.
- A criminal investigation may also have consequences for residence permits, so the matter should be assessed as a whole.
What Happens After the Statement?
After the statement, the public prosecutor may release the suspect, request judicial control measures or request arrest from the criminal judge of peace. At the end of the investigation, the prosecutor decides either not to prosecute or to file an indictment. For certain offences, such as drug use, special deferral rules apply; see our Turkish guide on drug use offences.
Frequently Asked Questions
Can I give a statement without a lawyer?
Yes, but it is not advisable, particularly as a suspect. The statement may significantly affect the course of the investigation.
Is exercising the right to remain silent held against me?
No. The right to remain silent is a constitutional right, and exercising it cannot be interpreted against the suspect.
What happens if I do not attend?
A suspect who does not attend without a valid reason despite a proper summons may be brought by force.
Is there a difference between a statement to the police and to the prosecutor?
A statement to the police taken without a lawyer cannot be the basis of a judgment unless confirmed before a judge or court. Statements given to the prosecutor in the presence of a lawyer carry greater weight.
I am a tourist. Can I leave Turkey after giving a statement?
This depends on whether a travel ban or other judicial control measure has been imposed. Legal advice should be obtained promptly in such cases.
Conclusion
The statement given to the police or prosecutor is one of the most important stages of a criminal investigation. Knowing one’s status, exercising the right to a lawyer and to remain silent where appropriate and ensuring that the statement is recorded accurately are essential. Foreign nationals should also make use of their right to an interpreter and consular assistance.
Yetkiner Law Firm provides legal support in İzmir in English, French and Turkish during police and prosecutor questioning, criminal investigations and other criminal law matters, including cases involving foreign nationals. The firm can be reached through the channels on the contact page.
The information on this page has been prepared for general informational purposes and does not constitute legal advice. It is recommended to obtain legal support from a lawyer in specific cases.
