APPLICATION, DETENTION, AND STATEMENT REGULATION
CHAPTER ONE
Purpose, Scope, Basis, and Definitions
Purpose
Article 1 – The purpose of this Regulation is to ensure that the procedures of arrest, detention, and interrogation carried out by law enforcement during criminal investigations are performed by all judicial law enforcement officers and, when necessary or upon the request of the public prosecutor, by other law enforcement officers performing judicial law enforcement duties in accordance with the information and instructions of the public prosecutor, and to regulate the procedures and principles to be followed in the execution of these procedures.
Scope
Article 2 – This Regulation covers the procedures of arrest, detention, custody, and taking statements, as well as judicial law enforcement officers and, when necessary or upon the request of the public prosecutor, all law enforcement units performing judicial law enforcement duties.
Reference
Article 3 – This Regulation is based on the Criminal Procedure Code dated 4/12/2004 and numbered 5271, the Law on the Establishment, Duties, and Trial Procedures of Juvenile Courts dated 7/11/1979 and numbered 2253, the Police Duties and Powers Law and the Authority Law dated 4/7/1934 and numbered 2559, the Law on the Organization, Duties, and Powers of the Gendarmerie dated 10/3/1983 and numbered 2803, the Coast Guard Command Law dated 9/7/1982 and numbered 2692, and the Decree Law on the Organization and Duties of the Customs Undersecretariat dated July 2, 1993, No. 485.
Definitions
Article 4 – In this Regulation;
Judicial police: Articles 8, 9, 10, and 12 of the Law on the Organization of Security dated 04/06/1937 and numbered 3201, Article 7 of the Law on the Organization, Duties, and Powers of the Gendarmerie numbered 2803, Decree Law No. 485 on the Organization and Duties of the Customs Undersecretariat, Article 4 of the Coast Guard Command Law No. 2692,
Obtaining information: The discovery or clarification of a crime, the hearing and recording of the complainant, the victim, and other persons not suspected of a crime,
Taking statements: The hearing of the suspect by law enforcement officers or the public prosecutor in relation to the crime under investigation,
Urgent circumstances: Failure to take immediate action in cases where traces, evidence, signs, or clues of the crime may be lost, or where the suspect may flee or their identity cannot be determined,
Detention: Based on the authority granted by law, the temporary restriction of the liberty of an arrested person within the legal time limit, in a manner that does not harm their health, until they are brought before the competent judge or released,
Det ention unit: Law enforcement units authorized and responsible for holding the arrested person in custody within the legal time limit until the investigation against them is completed and they are handed over to the judicial authorities or released.
Detention and arrest officer: Ensures that the rights of those detained or arrested are read to them, that records are kept, and that actions are taken in accordance with the law.
Personnel assigned for this purpose by the relevant police station, unit, or boat commander, officer, or bureau chief.
Prosecution: The stage beginning with the acceptance of the indictment and ending with the finalization of the judgment.
Financially responsible: The person who, after the judgment has been rendered and finalized, assumes financial and monetary responsibility for the judgment and its consequences.
Detention: In cases provided for by law, the restriction of liberty and confinement of persons who must be brought before the competent authority, in a manner that does not harm their health and to the extent necessary, until they are handed over to the relevant institution or persons,
Attorney: The attorney who defends the suspect or defendant in criminal proceedings,
Detention: The places where suspects or defendants are held until the proceedings against them are completed and they are handed over to the judicial authorities,
Defendant: A person under suspicion of a crime from the beginning of the prosecution until the verdict becomes final,
Interrogation: The hearing of the suspect or defendant by a judge or court in relation to the crime under investigation or prosecution,
Investigation: The stage between the discovery of the suspicion of a crime by the competent authorities and the acceptance of the indictment, in accordance with the law,
In flagrante delicto: A crime being committed, a crime that has just been committed, a crime committed by law enforcement officers, a crime committed by a person who is caught immediately after the crime by others who are harmed by the crime or who follow the perpetrator, a crime committed by a person who is caught with items or evidence indicating that the act has just been committed.
Suspect: A person under suspicion of a crime during the investigation phase.
Collective crime: A crime committed jointly by three or more persons, even if they did not intend to participate.
Attorney: A lawyer representing a person involved in a crime, a victim of a crime, or a person with financial liability in criminal proceedings.
Arrest: Necessary for the elimination of an existing danger to public safety, public order, or a person’s life or body, the commission of a crime, or bringing it under control.
The temporary and effective restriction and control of the liberty of a person against whom there is strong evidence, traces, indications, and proof prior to the process of arrest or detention.
Means.
SECTION TWO
Arrest, Detention, and Custody
Arrest, detention, and custody authority
Article 5 – Law enforcement agencies;
a) In cases where delay would be detrimental and it is not possible to apply to the public prosecutor or their superiors; persons who should be arrested or for whom an arrest warrant should be issued, or suspects for whom there is strong evidence, traces, indications, and proof that a crime has been committed or attempted, in flagrante delicto or in other cases where delay would be detrimental,
b) Those who fail to comply with orders issued by law enforcement authorities in accordance with the law and procedure, and those who fail to comply with the measures taken,
c) Those who resist while on duty or who use force to prevent law enforcement authorities from performing their duties and who are likely to continue their activities if not apprehended,
d) Those who have been issued an arrest, detention, or imprisonment order by the competent authorities, or those who must be arrested for failing to fulfill a legal obligation,
e) Those who purchase, sell, possess, or use narcotics and stimulants,
f) Those who are drunk to the extent of disturbing the peace or causing disgrace, or who attack others while drunk,
g) Those who disturb the peace and quiet of the public, continue their actions despite warnings, attempt to attack others and start fights,
h) Persons who are mentally ill, addicted to narcotics, stimulants, or alcohol, vagrants, or persons who pose a risk of spreading disease and who are a danger to society shall be placed in an institution for the purpose of implementing the measures specified in the laws for their treatment, education, and rehabilitation,
ı) Children who have been ordered by the court to be placed in child care and upbringing institutions or similar public or private institutions, or to be brought before the competent authority,
i) Persons who wish to enter the country illegally or who have been ordered to be deported or returned,
Those who cannot prove their identity with a document or the testimony of reliable persons known to law enforcement, as well as those whose documents are suspected of being false, may be apprehended and detained for up to twenty-four hours until it is determined whether they are wanted persons or their true identity is established. Necessary assistance shall be provided to these persons to prove their identity.
Anyone may make a temporary arrest in the following circumstances:
a) If the person is encountered while committing the crime,
b) If the person being pursued in flagrante delicto is likely to flee or if it is not possible to immediately establish their identity.
While investigations and prosecutions are complaint-based, the arrest of a person in cases of crimes committed against individuals who are unable to manage themselves due to physical or mental illness, disability, or weakness is not complaint-based.
According to the third paragraph of Article 90 of the Criminal Procedure Law No. 5271, in cases where the investigation and prosecution are dependent on a complaint, if the suspect is apprehended before the complaint is filed, the person authorized to file the complaint, or at least one of them if there are multiple persons, shall be notified of the apprehension.
Arrest process
Article 6 – Arrest may be carried out by anyone within the scope of the powers specified in Article 5, by a judge’s decision or the public prosecutor’s order, or directly by law enforcement agencies, or in flagrante delicto.
A rough body search is conducted to prevent the arrested person from escaping and harming themselves or others, and to ensure that they are not carrying weapons or similar items.
Measures are taken during the arrest to prevent the destruction or tampering of traces, signs, evidence, and clues related to the crime.
Regardless of the crime, the arrested person is immediately informed in writing, or verbally if this is not possible, of the reason for the arrest and the allegations against them, as well as their right to remain silent, to consult a lawyer, to object to detention, and to exercise their other legal rights and the right to appeal.
In the event of an arrest by law enforcement, the procedure, the arrested person, and the measures taken shall be reported immediately to the Public Prosecutor’s Office.
Upon the order of the public prosecutor, the decision to extend the arrest and detention period shall be communicated without delay to a relative of the arrested person or to a person designated by them.
The arrest process is recorded in a report. This report clearly states the crime for which the person was arrested, the circumstances, the place and time of the arrest, who made the arrest, the identity and authority of the law enforcement agency, and a copy of this report is given to the arrested person. In addition, this person is informed of their rights in writing, and it is noted that they have understood this.
The “Detention Record and Suspect and Defendant Rights Form” (Appendix-A) is prepared and a signed copy is provided.
When a person caught committing a crime or pursued due to a rescue operation is likely to flee or their identity cannot be immediately determined, and in cases where there is a risk of delay if they are apprehended by law enforcement or an arrest warrant is issued against them; Since it is not possible to immediately apply to the public prosecutor or their superiors, the person apprehended by law enforcement and the incident are immediately reported to the public prosecutor, and proceedings are carried out in accordance with their orders.
Verbal orders given by the public prosecutor are converted into written form as soon as possible and, if possible, communicated to the relevant law enforcement agency by the fastest means of communication; otherwise, they are kept ready for execution by the relevant law enforcement agencies. However, the law enforcement agency shall carry out the verbal order without waiting for it to be put in writing.
If the person apprehended is not released by order of the public prosecutor, they shall be taken into custody for the completion of the investigation.
After the second paragraph of this article has been applied, persons arrested for the purpose of being taken into custody shall be immediately informed of the reason for their arrest, their right to object to the arrest, and how to exercise this right. Those who need to be taken to a penal or medical institution shall be taken there by the relevant institutions. If they are not handed over, the situation shall be recorded in a report, and a copy of the report shall be sent to the local administrative authority.
Measures to be applied to persons who are arrested and transferred
Article 7 – Handcuffs may be applied to persons who are apprehended or taken into custody and transferred from one place to another if there are indications that they may escape or that they or others are in danger of harm to their life or physical integrity.
Notify relatives
Article 8 – The arrested person shall:
a) If accompanied by another person, notify them,
b) If residing in the place where the crime was committed or where they were arrested, and if they know the telephone number of a relative to notify, or if the law enforcement authorities can otherwise identify them by telephone,
c) If they do not know the phone number of a relative to notify via the relevant law enforcement authorities,
d) If their residence is outside the crime scene, by telephone or by reaching the person’s address,
upon the order of the public prosecutor, the situation shall be reported without delay to a relative or person appointed by the public prosecutor.
If the arrested or detained person is a foreigner, they shall be notified to the embassy or consulate of their country of citizenship, unless they submit a written objection.
The legal relatives shall be notified immediately that the person has been arrested for detention.
Medical examination
Article 9 – If the arrested person is taken into custody or forcibly arrested, their state of health at the time of arrest shall be determined by a doctor.
The health condition of a person taken into custody is also determined by a doctor’s report prior to any transfer for any reason, extension of the period of custody, release, or referral to judicial authorities.
Detainees whose health deteriorates for any reason and whose health condition is suspected are immediately examined by a physician and treated if necessary. Among those in this situation, those with a chronic illness may be examined and treated by an official physician under the supervision of their own physician, if any.
The law enforcement officer who takes the statement of the detained person or conducts the investigation must be different from the law enforcement officer who takes the person for a medical examination. However, if there is no other law enforcement officer available due to insufficient personnel, this situation shall be recorded in the minutes.
Medical examinations, check-ups, and treatment are carried out by forensic medicine institutions or official health institutions.
The doctor’s report is prepared in triplicate. The law enforcement agency that brought the arrested person to the detention center for the admission or discharge report shall notify the unit that will prepare the doctor’s report in writing.
One copy of the arrest or detention report is kept by the health institution that prepared the report, the second copy is given to the detainee, and the third copy is given to the relevant law enforcement officer to be added to the investigation file.
When the detention period is extended, the location is changed, or the detainee is released, a copy of the medical report is kept at the healthcare facility, and two copies are sent by the healthcare facility that prepared the report in a sealed and stamped envelope to the relevant Chief Public Prosecutor’s Office. One copy is given by the public prosecutor to the detainee or their representative, and one copy is added to the investigation file. In preparing these reports and sending them to the Chief Public Prosecutor’s Office,
the confidentiality rules specified in Article 157 of the Criminal Procedure Law No. 5271 shall be complied with, and the relevant health institution shall take the necessary measures for this purpose.
If, during the examination, the physician finds evidence of any of the crimes of torture specified in Article 94, aggravated torture crimes specified in Article 95, and torture crimes specified in Article 96 of the Turkish Criminal Code No. 5237, he/she shall immediately report the situation to the public prosecutor. In this case, the procedures set forth in Articles 7 and 8 of the Regulation on Physical Examination, Genetic Testing, and Physical Identification in Criminal Proceedings shall be followed.
It is essential that the physician and the person being examined remain alone and that the examination is conducted within the framework of the physician-patient relationship. However, the physician may request that the examination be conducted under the supervision of a law enforcement officer, citing personal safety concerns. This request shall be recorded in the minutes and complied with.
The woman’s examination shall be performed by a female physician upon her request and to the extent possible. If a female physician is not available despite the woman’s request for an examination, care shall be taken to ensure that a female healthcare worker is present during the examination.
security call
Article 10 – The following provisions shall apply to persons brought to the detention center:
a) A proper search shall be conducted before placing the person in a detention room or, in exceptional cases, in a designated area for this purpose. The woman’s body shall be searched by a female officer assigned for this purpose or by another woman.
b) Items that could be used to harm themselves, such as belts, ties, ropes, cutting and piercing tools, are removed.
c) Seized items and money are kept in custody. A report is drawn up stating the type, serial number, and amount of money, as well as the nature and brand of the item, and a copy of this report is given to the person being searched.
Storage procedures
Article 11 – The entry of the person being searched into the detention center is ensured by recording them in the “Registration List of Persons Taken to the Detention Center” (Appendix-B) attached to this Regulation.
Detention procedures:
a) Persons involved in the same crime, persons who are enemies, women and men are not held together, and children are kept separate from adults.
b) Except in cases of necessity, it is prohibited to hold more than five persons together in the detention center.
c) Necessary needs such as toilet and hygiene are provided under the supervision of the officer in charge.
d) Food and beverages are checked in advance.
e) If a detainee displays aggressive behavior or attempts to harm themselves, verbal attempts are first made to control them. If this is not possible, sufficient force may be used to restrain their movements. However, force shall not be used unless absolutely necessary and unless the life, physical integrity, or health of the detainee or another person is at risk.
f) Individuals whose aggressive attitudes and behaviors cannot be controlled are sent to healthcare facilities for medical intervention.
g) Necessary measures are taken to protect the right to life of individuals in custody, and they may be monitored for this purpose. Surveillance may be recorded to the extent permitted by technical means.
h) The costs of the detainee’s food, transportation, health protection, treatment when necessary, and notification of their relatives shall be covered by the budget appropriations of the relevant unit’s affiliated Ministry.
Register of persons taken into custody
Article 12 – Custody procedures shall be determined by recording them in the register of persons taken into custody. The following information shall be recorded in this register, which is subject to inspection:
a) Identity information:
1) Your first and last name,
2) Mother’s and father’s names,
3) Gender,
4) Place and date of birth,
5) Place of registration,
6) Volume, family sequence, and registration number,
7) Passport number for foreigners,
8) Residence address, work address, and telephone numbers,
9) Turkish Republic identity number,
b) Information regarding detention;
1) Alleged crime, reason for arrest,
2) Place and date of the crime,
3) By whose order the person was apprehended and detained,
4) The name and surname of the informed public prosecutor,
5) The date and time of notification to the public prosecutor,
6) The record section of the information gathering process,
c) Admission procedures;
1) Place, date, and time of arrest,
2) Date and time of admission,
3) Authority, date, number, and summary of the medical report obtained upon admission,
4) Items seized during the body search, signatures of the person handing them over and the person receiving them,
5) Name, surname, rank, and signature of the officer admitting the person,
d) Procedures concerning the suspect;
1) Reported relative or authorized person, address, and telephone number,
2) Name and telephone number of the diplomatic mission notified,
3) Name, surname, registration number, and signature of the personnel making the notification,
4) Date and time of notification,
5) Signature indicating that the suspect has been informed,
6) Whether an interpreter was provided, the interpreter’s name, surname, and signature,
7) Defense
statement and signature
8) If requested by the lawyer, the name of the bar association to which they belong or the name and surname of their own lawyer,
9) The name and surname of the defense counsel, their registration number, time of arrival, and signature,
10) The authority that decided on the extension, the date and number of the decision, and the extended period,
e) Exit procedures;
1) Date and time of issuance,
2) Authority to which transferred,
3) Date and number of the transfer document,
4) Name, surname, and signature of the receiving officer,
5) Documents delivered to the person and signature,
6) Documents delivered to the officer and signature,
7) Temporary departures,
8) Announcement, procedures, and outcome,
9) The name, surname, rank, and signature of the arresting officer,
10) The name, surname, rank, and signature of the supervising officer,
are specified.
In addition to the mandatory information specified above, this book may also contain other necessary information.
SECTION THREE
Detention Period, Release, and Referral to Judicial Authorities
Detention period
Article 13 – Unless the public prosecutor decides to release the arrested person pursuant to Article 90 of the Criminal Procedure Code No. 5271, the person shall be detained for the completion of the investigation.
The detention period may not exceed twenty-four hours from the moment of arrest, excluding the time required to transfer the person to the nearest judge or court. The time required to transfer the person to the nearest judge or court may not exceed twelve hours.
This period shall be forty-eight hours in cases falling within the jurisdiction of the high criminal courts responsible for the crimes listed in the first paragraph of Article 250 of the Criminal Procedure Code No. 5271.
Extension of the detention period
Article 14 – In cases of crimes committed collectively, due to difficulties in gathering evidence or the large number of suspects, the public prosecutor may decide in writing to extend the detention period for up to three additional days, provided that each extension does not exceed one day. The decision to extend the detention period shall be immediately notified to the detainee. After these periods have expired, no one may be deprived of their liberty without a court order.
The period specified as four days in the first and third paragraphs of Article 91 of the Criminal Procedure Code No. 5271 for crimes falling within the jurisdiction of heavy penal courts responsible for hearing the crimes listed in the first paragraph of Article 250 of the same Code, may be extended up to seven days for persons arrested in areas where a state of emergency has been declared pursuant to Article 120 of the Constitution, upon the request of the public prosecutor and with the decision of a judge. The judge shall hear the arrested and detained person before making a decision.
Appealing to the judge against arrest and detention
Article 15 – The arrested person, their lawyer or legal representative, spouse, or first or second degree blood relative may immediately apply to the justice of the peace for their release against the written order of the public prosecutor regarding the arrest, detention, or extension of the detention period. The arrested person’s petition shall be forwarded to the competent judge as soon as possible.
Bringing the arrested person before the competent court
Article 16 – If a person arrested during the investigation or prosecution phase cannot be brought before the competent judge or court within twenty-four hours at the latest, they shall be brought before the nearest magistrate within the same period upon the arrest warrant issued by the judge or court; if they are not released, they shall be detained to be sent to the competent judge or court as soon as possible.
Transfer to the competent authorities or release
Article 17 – If the reason for arresting the person cannot be determined or if the reason for arrest ceases to exist, the person shall be released immediately by law enforcement upon the order of the public prosecutor.
If the arrested person is among those who require rehabilitation or treatment measures, they shall be handed over to the relevant institution.
Detention periods are maximum periods, and it is essential that the procedures for detained persons be completed as soon as possible.
After the procedures are completed, those detained shall be immediately transferred by law enforcement to the relevant Public Prosecutor’s Office without waiting for the detention period to expire.
The decision to release, made upon application to the judge against the public prosecutor’s decision regarding arrest, detention, or extension of the detention period, shall be implemented immediately.
Seized personal belongings and money shall be delivered to the person concerned in full, and a note shall be made on the security search report prepared at the entrance and signed.
The deportation or release procedure and its justification shall be specified in the “Report/Release Form” (Appendix C) attached to this Regulation, and a copy shall be given to the released person.
Prohibition of re-arrest
Article 18 – Unless new and sufficient evidence is obtained regarding the act that necessitated the arrest and the decision of the public prosecutor is obtained, or unless the magistrate’s court issues a decision, a person who has been arrested and released at the end of the detention period cannot be re-arrested for the same reason.
Special provisions for children
Article 19 – The powers of arrest and questioning with regard to children are set out below.
Restricted:
a) Those who have not reached the age of twelve at the time of the act, and deaf and mute persons who have not reached the age of fifteen;
1) They cannot be arrested for a crime and cannot be used in any way to determine a crime.
2) They may be apprehended for the purposes of identification and determination of the crime. They shall be released immediately after identification. The identified identity and crime shall be immediately reported to the Chief Public Prosecutor’s Office as grounds for the court president or judge to issue a precautionary measure decision.
b) Those who have reached the age of twelve but not yet reached the age of eighteen may be apprehended for a crime. These children shall be immediately referred to the Chief Public Prosecutor’s Office, with their relatives and defense counsel being notified; the investigation concerning them shall be conducted by the Chief Public Prosecutor or a Public Prosecutor assigned to the case, in accordance with the following provisions:
1)
The child’s guardianship shall be notified to the mother or father or guardians.
2) Even if they do not request it, they may be represented by a lawyer, and their guardian or legal representative may choose a lawyer.
3) The statement of the suspect child shall be taken in the presence of their defense counsel.
4) Unless a situation contrary to their interests is identified or there is a legal obstacle, their guardian or legal representative may be present during the statement.
5) They are kept in separate locations from adults.
6) If crimes specified in Law No. 2253 on the Establishment, Duties, and Trial Procedures of Juvenile Courts are committed together with adults, documents relating to children are separated during the investigation phase, and investigations are conducted separately.
7) The identities and movements of children are kept strictly confidential.
8) If the victim of the crime is a child, in cases where the crime is committed against the child, and in cases where prosecution is dependent on the complaint of the injured party, the condition of complaint is not required for the arrest of the suspect and the conduct of the investigation.
9) Procedures involving children shall be carried out by officials in civilian clothing as much as possible.
10) Children cannot be handcuffed or restrained with similar devices. However, law enforcement officers take necessary measures to prevent the child from escaping and to prevent any danger to their life or physical integrity or that of others.
SECTION FOUR
Issues Related to Lawyers
Appointment of a defense lawyer
Article 20 – The suspect or defendant may avail themselves of the assistance of one or more lawyers at every stage of the investigation and prosecution; if they have a legal representative, they may also choose a lawyer for the suspect or defendant.
During the investigation stage, a maximum of three defense attorneys may be present to take statements.
At every stage of the investigation and prosecution, the attorney’s right to meet with the suspect or defendant, take statements, be present during questioning, and provide legal assistance cannot be restricted or limited.
If the suspect or defendant declares that they do not have the opportunity to choose a lawyer, a lawyer will be appointed to them by the bar association upon their request.
If the suspect or defendant is under the age of eighteen, deaf or mute, or disabled to the extent that they cannot defend themselves, and no defense counsel can be found, a defense counsel will be appointed without their request.
In crimes carrying a maximum sentence of at least five years’ imprisonment, a defense attorney shall be appointed to the suspect or defendant without their request during the investigation and prosecution.
Consultation with the defense attorney
Article 21 – The suspect or defendant may consult with their defense attorney at any time, without a power of attorney, in an environment where others cannot hear them. Correspondence between these persons and their defense counsel cannot be monitored.
Upon request, the detainee shall be provided with a pen and paper before and during the meeting with the defense counsel.
In order not to delay the investigation and if the detained person so wishes, up to three defense counsel may be present without a power of attorney.
Every law enforcement unit has a separate interview room with suitable conditions for interviews.
Review of the investigation file by the defense attorney1
Article 22 –
During the investigation phase, the defense attorney may review the contents of the file and obtain a copy of the requested documents free of charge. In law enforcement agencies, a written order from the authorized public prosecutor is required for the investigation file.
If the defense counsel’s examination of the case file or taking samples from the documents would jeopardize the purpose of the investigation, this authority may be restricted by a decision of the magistrate at the request of the public prosecutor.
The provisions of the second paragraph shall not apply to minutes containing the statements of arrested or suspected persons, expert reports, and other judicial proceedings for which these persons are authorized to be present.
T he defense attorney may examine the contents of the file and the evidence stored therein from the date the indictment is submitted to the court by the Chief Public Prosecutor’s Office; they may obtain copies of all minutes and documents free of charge.
<p>The victim’s lawyer may also exercise the rights set forth in this article.