Your Vital Rights in Police Custody and During Questioning

Police at the door? Do not panic in the first moments

Being taken into custody or called in to give a statement is, for most people, a highly stressful situation they face for the first time. Yet the words said and the steps taken in those first moments can shape the whole course of the case. Rather than an academic list of rights, this article aims to answer a practical question: "What should I do first if I am taken into custody or called in to give a statement?"

1. Do not hesitate to use your right to remain silent

Under Article 147 of the Code of Criminal Procedure, before a suspect's statement is taken the offence alleged is explained clearly and the suspect is informed of the right to remain silent — that is, of not being obliged to answer questions, save for the exceptions provided by law. This does not mean that you are "guilty"; the right to silence is a constitutionally guaranteed right of everyone, and its exercise cannot be interpreted as evidence against you. A mistake often made in practice is that a person, out of nervousness or thinking "if I explain, it will be over sooner", gives a detailed statement on their own initiative before their lawyer arrives and before the file has been examined. Yet statements made in an initial questioning and later changed may raise problems of credibility at trial. For that reason, refraining from detailed explanations beyond your basic identity details until you have spoken to your lawyer gives you time and the chance to prepare.

2. Asking for a lawyer is not an obligation but a right — and it is free of charge

Under Articles 149 and 150 of the Code of Criminal Procedure, a suspect or defendant may benefit from the assistance of one or more defence lawyers at every stage of the investigation. A person who cannot afford a lawyer is, on request, assigned a defence lawyer free of charge by the bar association. For offences carrying a minimum sentence of more than one year's imprisonment, the bar association must appoint a defence lawyer of its own motion even if the suspect does not ask for one. Mistaken beliefs are common in practice — that "asking for a lawyer shows I am guilty" or that "hiring a lawyer will drag the process out". In fact, involving a lawyer at an early stage ensures both that rights are exercised correctly and that any procedural errors are noticed immediately.

Can the right to meet a lawyer be restricted?

Under Article 154 of the Code of Criminal Procedure the arrested person's right to meet defence counsel may, as a rule, not be restricted in any way, and the meeting is confidential; it takes place in a setting where others may see but not hear. That rule is one of the most fundamental safeguards of the right of defence.

3. The limits of the police power to search and seize

As a rule, law enforcement officers may search a dwelling, workplace or vehicle only on the basis of a judicial order (Article 119 of the Code). Where delay is prejudicial, the public prosecutor — or, if the prosecutor cannot be reached, the senior law enforcement officer — may issue a written search order; however, a search of a dwelling, a workplace or a closed area not open to the public may not be carried out on the decision of a senior law enforcement officer alone, without a judicial order. A body search or a search of belongings may be possible without a judicial order in certain circumstances. A record must be drawn up for seized items, and the seizure must rest on concrete grounds. Remember that you have the right to be present during the search and to read the record before signing it; it is important not to sign until you are sure the statements in the record are accurate and complete.

4. If you encounter ill-treatment or torture

Article 17 of the Constitution and Articles 94–96 of the Turkish Criminal Code guarantee that no one may be subjected to torture or cruel treatment and that no one may be subjected to a penalty or treatment incompatible with human dignity. If you are subjected to physical or psychological ill-treatment during police custody, the following are of great importance:

• being examined at a health institution as soon as possible, so that any injuries or marks are recorded in an official report;
• describing to the doctor in detail what happened while the forensic medical report is being drawn up;
• informing your lawyer and, if possible, your family;
• submitting a written complaint to the Chief Public Prosecutor's Office, or to the relevant administrative authorities in respect of public officials who abused their office.

Supporting such complaints with concrete evidence (a report, a witness, a video recording) is decisive if the matter is to be pursued effectively.

5. Always read the record of your statement before signing it

The record of a statement is not a word-for-word transcript but the statement put into writing without altering its substance. Before signing, every suspect has the right to check whether what they said has been reflected correctly. Correction of an incomplete or inaccurate account may be requested; and if there are matters that were still not entered in the record, they can be raised later through a lawyer.

Conclusion

Police custody and questioning are among the moments when a person is most vulnerable; but using the right to silence consciously, not hesitating to ask for a lawyer and knowing the limits of police powers allow the process to be managed properly. If you find yourself in such a situation, it is advisable to contact a lawyer as soon as possible.

This article is intended as general information and does not replace legal advice. We recommend consulting a lawyer about your particular situation.