Police custody & giving a statement

What police custody (gözaltı) means

Police custody (gözaltı) is being held by the police for a limited period during an investigation 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. Custody runs on a strict clock and must follow set rules.

During custody you may be asked to give a statement (ifade). What you say — or choose not to say — can shape everything that follows, which is why a lawyer at this stage matters so much.

Why someone is taken into custody

Custody usually arises from an ongoing investigation (soruşturma) — for example after a complaint, at the scene of an alleged offence, on a warrant, or following a record that surfaces during an identity check. Being taken into custody does not mean you are guilty; it is a procedural step, and you keep your rights throughout.

Your rights in custody

• 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 informed of the reason you are being held.
• To have a relative or your consulate notified in appropriate cases.
• To medical attention if you need it.

These rights exist to protect you; the most important ones to use immediately are silence and counsel.

What to do — and what not to do

The process & timeline

1. 1
   Custody beginsYou are held by the police; the custody clock starts and your rights apply.
2. 2
   Statement stageYou may be asked for a statement (ifade) — best given only with a lawyer, or not at all.
3. 3
   Referral to the prosecutorThe file goes to the public prosecutor, who decides the next step.
4. 4
   Release or courtYou may be released, released under judicial control (adli kontrol), or brought before a judge who decides on arrest (tutuklama).

Each stage has time limits and is fast-moving — a lawyer involved early can make a real difference.

Who we help

• People taken into custody at the airport or elsewhere
• Foreigners and dual nationals held in Türkiye
• Anyone asked to give a statement to the police
• Witnesses unsure whether to answer questions
• Turks abroad whose relative has been detained here
• Families acting for someone in custody right now

How we help

1. 1
   Attend / adviseWe advise immediately and, where possible, attend so you are not questioned alone.
2. 2
   Protect your rightsWe make sure your right to silence and to counsel is respected and that nothing is signed under pressure.
3. 3
   Engage the processWe deal with the investigators and prosecutor and argue for release where there are grounds and the law allows.
4. 4
   Plan aheadWe explain what may come next — release, judicial control, or a hearing — and prepare for it.

We are independent attorneys registered with the İstanbul Barosu. We never promise an outcome; we act to protect your rights and explain the fee before any work begins.

Key terms

Police custody (gözaltı)

Being held by police for a limited period during an investigation.

Statement (ifade)

Your formal, recorded account — best given only with a lawyer present.

Arrest & remand (tutuklama)

Detention ordered by a judge, distinct from police custody.

Judicial control (adli kontrol)

Conditions used instead of arrest, which can include a ban on leaving the country. More on exit bans →

CMK (Law No. 5271)

The Code of Criminal Procedure — the framework for custody and statements.

Frequently asked questions