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Police Custody in Türkiye (Gözaltı): Your Rights Explained

Held in police custody (gözaltı) in Türkiye, or worried you might be? A plain-English guide to your right to silence, your right to a lawyer, and what happens next.


If you or someone close to you has been taken into police custody (gözaltı) in Türkiye, the most important things to know are simple and protective: you have the right to remain silent, and you have the right to a lawyer. Using both early is almost always the safest course. Custody is a limited, rule-bound stage of an investigation — not a conviction — and what you do in the first hours can shape everything that follows.

This article is general information about Turkish criminal procedure, not legal advice. Time limits and rules change, and every case turns on its own facts. Do not rely on it for your situation — speak with a lawyer. Nothing here implies that anyone is guilty of anything.

What is police custody (gözaltı)?

Gözaltı is being held by the police for a limited period during an investigation (soruşturma) under the Code of Criminal Procedure (CMK, Law No. 5271). It is not the same as arrest and remand (tutuklama), which is ordered by a judge and is a separate, later step. Custody runs on a strict clock and must follow set rules.

Being taken into custody does not mean you are guilty. It is a procedural step, and you keep your rights throughout it.

Your rights in custody

In general terms, a person in custody in Türkiye has the right:

  • To remain silent — you do not have to answer questions or give a statement.
  • To a lawyer — and to speak with them, including before any statement.
  • To an interpreter if you do not understand Turkish.
  • To be told the reason you are being held.
  • To have a relative notified, and a foreign national's consulate informed in appropriate cases.
  • To medical attention if needed.

These exist to protect you. The two to use immediately are silence and counsel.

Stopped at the airport right now?Don’t sign anything before you speak to a lawyer — message us, day or night.

How long can the police hold you?

Custody is time-limited, and the exact limits — and when they can be extended — depend on the matter. The clock generally starts when you are taken in, which is why the time custody began matters. We will not state a specific number of hours that may be wrong or out of date; the limit should be confirmed for the actual situation.

What is constant is that custody is not open-ended — it must follow the rules, and a lawyer can check that it does.

Should you give a statement (ifade)?

A statement (ifade) is your formal, recorded account, and once signed it is hard to undo. You are entitled to have a lawyer present and to decline to answer. Do not sign a statement you have not read and understood, and do not let tiredness or pressure push you into one. Crucially, silence cannot be used as proof of guilt — choosing to wait for a lawyer is your right, not an admission.

The safest rule of thumb is the simplest: do not give a statement without a lawyer.

What happens after custody?

Custody usually ends in one of a few ways. The file goes to the public prosecutor, who decides the next step. You may be released, released under judicial control (adli kontrol) — conditions used instead of arrest, which can include a ban on leaving the country — or brought before a judge who decides on arrest and remand (tutuklama). Our police custody service page sets out how we act at each stage, and our guide on exit bans explains the no-leave condition.

What to do if a loved one is detained

If someone you know has been taken into custody, act quickly and calmly. Find out where they are being held and, if you can, why. Do not coach them to say anything — simply make sure they know to ask for a lawyer and to remain silent until one arrives. Then get legal help on the way. The faster a lawyer is involved, the more can be done while it still counts.

How can a lawyer help?

A lawyer can advise immediately and, where possible, attend so the person is not questioned alone; make sure the right to silence and to counsel is respected and that nothing is signed under pressure; deal with the investigators and prosecutor; and argue for release where there are grounds and the law allows. We never promise an outcome — we act to protect rights and explain the realistic position honestly. Guidance can begin within minutes by phone or WhatsApp.

Frequently asked questions

How long can the police hold you in custody in Türkiye?

Custody runs on a limited clock that depends on the matter, with rules on extensions. The exact limit should be confirmed for the specific situation rather than assumed. Tell us what is happening and we will act on the right footing.

Do I have the right to a lawyer in custody?

Yes. You have the right to a lawyer and to speak with them, including before any statement. Say clearly that you want one, and do not give a statement until you have.

Should I give a statement to the police?

Not without a lawyer. A statement (ifade) is hard to undo once signed, and you may remain silent. Wait for counsel before answering.

Does staying silent make me look guilty?

No. Silence is a right and cannot be used against you as proof of guilt. It is often the safest first step while you wait for a lawyer.

Is custody the same as being arrested?

No. Custody (gözaltı) is a limited police hold during an investigation; arrest and remand (tutuklama) is ordered by a judge and comes later, if at all. They are different stages with different rules.

My relative was detained — what do I do?

Find out where they are and, if possible, why. Make sure they know to ask for a lawyer and stay silent, and get legal help immediately. The sooner a lawyer is involved, the more can be done.

Custody is frightening, but it is bounded by rules — and the calmest, strongest move is to stay silent and ask for a lawyer. If you or someone you know is in custody in Türkiye, reach out: guidance can begin within minutes. Learn more on our police custody page, or message us directly.

Av. Onur Çalışıcı, İstanbul Barosu attorney
Av. Onur ÇalışıcıFounding partner · İstanbul Barosu, Sicil No. 83426LinkedIn
Av. Oruç Aygün, İstanbul Barosu attorney
Av. Oruç AygünFounding partner · İstanbul Barosu, Sicil No. 83427LinkedIn

This page is general information about Turkish law and procedure — not legal advice, and reading it does not create an attorney–client relationship. Laws and practice change and every case turns on its own facts, so please do not rely on it for your situation; speak with a lawyer first.

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