The Rights of Suspects and Defendants in Police Custody and Pre-Trial Detention

Being taken into police custody, or facing a request for pre-trial detention, is a process that directly affects personal liberty and is strictly limited by statute. This article summarises the length of police custody, the rights of the person in custody and how a detention order may be challenged.

What is police custody and how long can it last?

Police custody is the temporary restriction of a suspect's liberty by law enforcement officers on suspicion of an offence and is governed by Article 91 of the Code of Criminal Procedure. As a rule, an arrested person is brought before the public prosecutor within twenty-four hours of the arrest at the latest. For offences committed collectively, this period may be extended by written order of the public prosecutor for reasons such as difficulty in gathering evidence or the large number of suspects; each extension, however, may not exceed one day and the total may not exceed four days. At the end of police custody the person is either released or brought before the magistrate's court in criminal matters with a request for pre-trial detention.

The fundamental rights of a suspect in custody

The Code of Criminal Procedure and the Constitution afford important safeguards to a person taken into custody:

• The right to remain silent: a suspect may not be compelled to make self-incriminating statements and has the right not to give a statement.
• The right to the assistance of defence counsel: a suspect may benefit from the legal assistance of one or more defence lawyers at every stage; for certain categories of offence the presence of defence counsel is mandatory, and where a suspect has none, the bar association appoints one of its own motion.
• The right to have relatives informed: one of the relatives of the arrested person is informed immediately that he or she has been taken into custody.
• The right to a medical examination: there is a right to be examined by a doctor at the beginning and at the end of the period of custody.
• The prohibition of torture and ill-treatment: no one may be subjected to torture, cruel treatment or degrading treatment in any form; a statement must be based on free will.
• The right to an interpreter: an interpreter is assigned to a suspect who does not speak Turkish during the taking of the statement.

What is pre-trial detention and when may it be ordered?

Pre-trial detention, governed by Article 100 of the Code of Criminal Procedure, is the protective measure that restricts personal liberty most severely. For a person to be detained there must be concrete evidence indicating strong suspicion that an offence has been committed, and there must also be a ground for detention. Under the Code the grounds for detention are:

• that the suspect or defendant has absconded or gone into hiding, or that there are concrete facts giving rise to strong suspicion that he or she will abscond;
• that the conduct of the suspect or defendant gives rise to strong suspicion of destroying, concealing or altering evidence, or of attempting to put pressure on witnesses, victims or others.

The Code also contains special provisions under which the ground for detention may be presumed for certain serious offences (the "catalogue offences"). A detention order may be made only by a judge or a court; law enforcement or the prosecution cannot order detention and may only request it from the magistrate's court in criminal matters.

Challenging a detention order and review of detention

A detention order may be challenged before the magistrate's court in criminal matters of the place where it was made, or before the court. In addition, whether continued detention remains necessary is reviewed of the court's own motion at intervals of no more than thirty days during the investigation stage, and during the prosecution stage at hearings or on the file at certain intervals. The purpose of that review is to prevent liberty from being restricted for longer than necessary.

The rights of the defendant at the trial stage

Important safeguards also apply to a person who becomes a defendant when proceedings are brought:

• the right to a fair trial and to be tried within a reasonable time;
• the right to learn the accusation and the evidence and to present a defence against them;
• the right to be defended through counsel and to put questions to witnesses;
• the right to appeal against the decision and, where applicable, to apply to the Court of Cassation.

Conclusion

Because police custody and pre-trial detention are severe protective measures directly affecting personal liberty, the effective exercise of the rights of suspects and defendants is of great importance. Obtaining legal support from a criminal lawyer from the very beginning of the process can be decisive both for asserting rights correctly and in good time and for preventing harm.

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