Introduction

Detention refers to the holding and restriction of a person's liberty by law enforcement officers, upon the instruction of a prosecutor, for a limited period of time without a judge's order, but only under certain conditions. Detention is considered a common measure during the investigation stages.

Upon apprehension, the prosecutor's office is immediately informed about the individual and the necessary actions are taken in accordance with the prosecutor's instructions. If the prosecutor does not release the apprehended person, a decision for detention may be made.

The detention period cannot exceed twenty-four hours from the moment of apprehension, excluding the time required for transportation to the nearest judge or court. The mandatory time for transportation to the nearest judge or court cannot exceed twelve hours.

The Criminal Procedure Code may extend the detention period up to a total of four days for the investigation of various crimes or in the presence of certain circumstances. The detained person has the right to object to the detention decision and the extension of the detention period.

Rights of the Detained Person

The Criminal Procedure Code (CMK) regulates the rights of the detained person. Some of these rights are as follows:

Right to Inform Relatives: The detained person has the right to inform their relatives that they have been detained, either upon detention or when the detention period is extended. This notification is made by law enforcement officers. If the apprehended or detained person is a foreigner, the situation is notified to the consulate of the country of which they are a citizen, unless they object in writing.

Right to Silence: The detained person has the right to remain silent. This right includes the right of the detained person not to make any statements or produce evidence regarding the charges against them.

Right to Consult with an Attorney: The detained person has the right to consult with an attorney from the moment of detention. This right is also linked to the detained person's right to silence. The detained person has the right to remain silent and not to make any statements without consulting with an attorney.

Right to an Interpreter: Foreign nationals or non-Turkish speakers who are detained have the right to make statements and consult with an attorney through an interpreter.

Right to Medical Examination: The detained person has the right to undergo a medical examination.

Right to Object: The detained person has the right to object to the detention decision to the magistrate judge or the on-duty magistrate judge.

Right to Request Notification of Detention to the Consulate: If the apprehended or detained person is a foreigner, the situation is notified to the consulate of the country of which they are a citizen, unless they object in writing. Although this is a legal obligation, the detained person has the right to request that this be done if it is not carried out.

Conclusion

The rights of the detained person are the cornerstone of a fair trial and the presumption of innocence. Law enforcement officers must take care to respect and uphold the rights of the persons they detain.