Short answer
A person giving a statement as a suspect to the police or the public prosecutor in Türkiye has the following main rights: to learn the accusation, to have the assistance of defence counsel (müdafi), to remain silent, to request that evidence in their favour be collected, and to have an interpreter if they do not speak Turkish.
The statement record should not be signed without reading and checking it. A witness is in a different position and, as a rule, must tell the truth. Being summoned, being brought by force and being taken into custody are different procedures.
1. Suspect versus witness
| Criterion | Suspect | Witness |
|---|---|---|
| Position | A person under suspicion of a crime during the investigation | A person whose knowledge of the events is sought |
| Silence | Has the right to remain silent about the accusation (Code of Criminal Procedure, Art. 147/1-e) | As a rule, must tell the truth. May refuse to testify in cases of close relationship listed in the Law (Art. 45), and may refuse to answer questions that could incriminate themselves or relatives (Art. 48) |
| Defence counsel | May have defence counsel; in some cases counsel is mandatory (Art. 150) | Subject to different rules |
It is important to ask, at the start of the statement, in what capacity you are being heard. The topic is also explained in the site’s article “Polis veya Savcılık İfadeye Çağırırsa Ne Yapılmalı?” (Turkish).
2. Rights of the suspect
- Learning the accusation: The crime the person is accused of is explained (Art. 147/1-b).
- Assistance of counsel: The person is told of the right to choose counsel and that counsel may be present during the statement. If the person cannot choose counsel and so requests, the bar association appoints one (Art. 147/1-c).
- Mandatory counsel: Counsel is appointed without a request if the suspect is a child, so disabled as to be unable to defend themselves, or deaf and mute, or if the offence carries a minimum sentence of more than five years’ imprisonment (Art. 150).
- Right to remain silent: The person is told that not making a statement about the accusation is a legal right (Art. 147/1-e). This right does not cover identity information.
- Requesting evidence: The person is reminded that they may ask for specific evidence to be collected to clear the suspicion.
Code of Criminal Procedure, Art. 148/4: A statement taken by the police without defence counsel present may not form the basis of a judgment unless confirmed by the suspect or accused before a judge or court. The Court of Cassation, 5th Criminal Chamber (30.05.2024, Docket 2021/4100, Decision 2024/6543), held that confirmation of such a police statement before the public prosecutor is not sufficient for this purpose. The decision was adopted by majority vote.
3. Need for an interpreter
If a suspect, victim or witness does not speak Turkish well enough to express themselves, the essential points of the accusation and defence are translated by an interpreter. During the investigation, the interpreter is appointed by the judge or public prosecutor (Art. 202/1 and 202/3). Persons with disabilities are also told the essential points in a way they can understand.
Do not give a statement in a language you do not understand, and have your request for an interpreter recorded.
4. Reading and checking the statement record
The record states that its content was read by the person and any counsel present and that they signed it. If a person refuses to sign, the reasons are also recorded (Art. 147/1-i). Therefore:
- Read the record from beginning to end.
- Ask for any part written differently from what you said, or left incomplete, to be corrected.
- Ask for any expressions you do not understand to be explained.
- If corrections are not made, you may refuse to sign and have the reason recorded.
5. Summons, compulsory appearance and custody
| Measure | Meaning | Legal basis |
|---|---|---|
| Summons | A call by written summons to give a statement, stating that the person will be brought by force if they do not appear | Art. 145 |
| Compulsory appearance | Under a compulsory appearance order, the person is brought before the summoning judge, court or public prosecutor immediately; where this is not possible, within twenty-four hours at the latest, excluding travel time | Art. 146 |
| Custody | Subject to investigative necessity and concrete evidence; as a rule may not exceed twenty-four hours from arrest | Art. 91 |
Which measure applies depends on the specific case; not every statement process leads to the same result. Pre-trial detention is a separate protective measure ordered by a judge and subject to its own conditions (Art. 100).
6. Common mistakes
- Not asking in what capacity one is being heard
- Signing the record without reading it
- Giving a statement in a language one does not understand without requesting an interpreter
- Acting on an unverified telephone “summons” and handing over money or information
- Deleting evidence or making false statements, which may worsen one’s legal position
7. Hypothetical examples
Hypothetical example 1: E is a foreign national who does not speak Turkish sufficiently and is summoned as a suspect by the public prosecutor. Before the statement begins, E requests an interpreter and defence counsel. These requests are entered in the record.
Hypothetical example 2: F gives a statement to the police without counsel. In the later trial, F does not confirm this statement before the judge. In that case, whether the statement can form the basis of a judgment is assessed under Article 148/4.
These examples are not based on real persons or files; the outcome depends on the specific circumstances.
8. Frequently asked questions
Is a lawyer mandatory when giving a statement to the police?
As a rule, you have the right to request counsel. In the cases listed in the Law, counsel is appointed without your request.
What happens if I use my right to remain silent?
Silence is a legal right. Your obligation to give correct identity information remains.
I do not speak Turkish; what should I do?
Request an interpreter. During the investigation, the interpreter is appointed by the judge or public prosecutor.
As a witness, do I have the right to remain silent?
As a rule, a witness must tell the truth. There are possibilities to refuse in the cases of close relationship and self-incrimination set out in the Law.
Will I be detained after giving a statement?
Giving a statement does not in itself mean detention. Detention is ordered by a judge under the conditions in the Law.
9. Sources
- Code of Criminal Procedure No. 5271 (Turkish): Arts. 45, 48, 91, 100, 145-150, 202
- Court of Cassation, 5th Criminal Chamber, 30.05.2024, Docket 2021/4100, Decision 2024/6543; searchable by reference on the Court of Cassation decision search system (Turkish).
This article provides general information and does not replace a review of the specific facts and documents. Current legislation and case-specific circumstances require separate assessment.