KÜHEYLAN HUKUK
Rights of Foreigners Detained in Türkiye: How to Exercise the Right to Notify the Consulate, Interpreter and Lawyer? Criminal Procedure Law No. 5271, art.91, art.147, art.202; Regulation on Apprehension, Detention and Taking Statements; Law No. 6458 art.54, art.57 was prepared based on the legislation in force as of 2026 and official sources dated October 2026.
A foreigner detained in Türkiye has the same basic procedural guarantees as a Turkish citizen. Notification of the reason for the arrest and the charge, the right to remain silent, the right to benefit from the assistance of a defense attorney, and the right to an interpreter if one does not speak Turkish are clearly regulated in the law. According to the regulation, the foreigner's embassy or consulate is also notified unless he objects in writing. The detention period varies depending on the nature of the crime and is a maximum of 24 hours, but can be extended in case of mass crimes. In addition to the criminal investigation, deportation and administrative detention procedures, which are administrative processes for the foreigner, may also be brought to the agenda. The statement taken in the first hours may determine the course of the case.
What are the Rights of Foreigners in Detention?
Article 147 of the Code of Criminal Procedure lists the rights that must be notified to the captured or detained person before taking a statement. The same applies to foreigners:
The right to choose a lawyer and to be appointed by the bar association upon request if one is unable to hire a lawyer,
The right to request notification of his arrest to his relatives (except for cases reserved by law),
The right to remain silent and the right to request the collection of favorable evidence during the investigation.
The Regulation on Apprehension, Detention and Taking Statements also requires the person to be notified of the reason for the arrest, the charge, and the rights of silence and defense counsel. Whether these rights have been notified or not is recorded in the report by the law enforcement. The information in the report will later become important in the file.
How Long Can Detention Last?
According to CMK Article 91, the period of detention is maximum twenty-four hours from the moment of arrest, excluding the mandatory period for sending the person to the judge or court closest to the place of arrest. In crimes committed collectively, due to the difficulty in collecting evidence or the large number of suspects, an extension decision may be made for not more than one day at a time and for a maximum of three days. The detained person is brought before the criminal judge of peace before the end of the detention period and the defense counsel is present during the interrogation (Art. 91/7). The captured person, his lawyer or his relatives may also ask the judge to release him. The application is finalized within twenty-four hours at the latest (Art. 91/5).
How Does the Right to Interpreter Work While a Foreigner is in Detention?
Having an interpreter for the suspect or defendant who does not speak Turkish is regulated within the scope of CMK Article 202. During the investigation phase, the judge or public prosecutor appoints the translator. Translators are selected from the list of the provincial judicial justice commission. The regulation requires that whether an interpreter has been provided and the name, surname and signature of the translator be written in the statement report (Art. 12).
In practice, the most common problem is that the foreigner signs the report prepared in a language he does not understand. The evidentiary value of a statement taken without an interpreter or with inadequate translation is evaluated according to the entire file. For this reason, it is important not to sign a text that is not understood and to record the request for an interpreter in the minutes.
Is it mandatory to notify the consulate?
If the person captured or detained in accordance with Article 8/2 of the Regulation is a foreigner, his situation is notified to the embassy or consulate of the country of which he is a citizen, unless he objects in writing. In other words, the notification is made by law enforcement if the person has no objection. If the person does not want the notification, he/she must express this in writing. The communication and meeting of a detained or detained foreigner with his consulate is also guaranteed in the Vienna Consular Relations Convention. Details in the application may vary by country and file.
For refugees or people who have applied for international protection, notification to the consulate may be undesirable due to the risk in their country. In this case, the person's will and the evaluation to be made with the lawyer are decisive.
Can Deportation Procedures Be Taken Against the Detained Foreigner?
Yes. Criminal investigation and administrative proceedings are separate from each other. Article 54 of Law No. 6458 regulates that deportation decisions may be taken against various groups such as those who pose a threat to public order or public security, those who use false documents, and those who work without permission. For a foreigner caught by the law enforcement, a notification is made to the governor's office and an administrative detention decision may be issued (Article 57). An appeal against the deportation decision can be made to the administrative court within seven days from the notification. An objection may be made to the criminal judgeship of peace against administrative detention. The details of these two processes are explained in a separate guide.
Deportation of a foreigner whose criminal case is ongoing may affect his right to defense. For this reason, the criminal file and administrative procedures must be managed together.
Legal basis CMK art.91, art.147, art.202; Regulation on Apprehension, Detention and Taking Statements
defense attorney He/she is notified of his/her right before the statement; The bar association appoints those who cannot afford a lawyer
Interpreter Compulsory for those who do not speak Turkish; Name and signature are written on the minutes
Consulate If there is no written objection, the country's embassy or consulate is notified.
Incident Summary Form: Fictional example: A foreign person who is a tourist in Türkiye is detained after a fight. He does not speak Turkish and signs his first statement at the law enforcement agency using a written text without a translator. The next day, both criminal investigation and administrative proceedings begin against him. Process: The person's relatives reach the lawyer in the first hours. The lawyer determines that the statement was taken without a translator, submits the deficiencies in the report to the file, and participates in the interrogation before the criminal judgeship of peace as a defense attorney. Conclusion: The decision of the criminal judgeship of peace may also affect the course of administrative detention and deportation process. Procedural intervention in the first 24 hours forms the basis of future defense in criminal and administrative jurisdiction.
Can a detained foreigner request a lawyer?
Yes. The right to benefit from the assistance of a lawyer is among the rights that must be notified before the statement. For those who are not in a position to hire a lawyer, a lawyer is appointed by the bar association upon request. Is a translator mandatory for a foreigner who does not speak Turkish? Yes. CMK Article 202 requires that a translator be available for suspects and defendants who do not speak Turkish. Translator information is written in the statement report.
Is detention information given to the consulate of the foreigner's country?
According to the regulation, unless the foreigner objects in writing, his embassy or consulate is notified.
Can the residence permit of a detained foreigner be cancelled?
Criminal investigation may be a separate evaluation subject in terms of residence permit. Residence permit cancellation and deportation decisions are administrative procedures and can also be appealed.
Does the right to remain silent also apply to foreigners?
Yes. The right to remain silent applies to everyone, regardless of nationality, and must be notified to the individual.
If a foreigner is released after detention, will he be deported?
Release does not mean that administrative action has been lifted. The governor's office may also decide on deportation or administrative detention. Applications can be made against these decisions within short periods of time.
Signing a report prepared in an incomprehensible language without a translator.
Making a detailed statement before the lawyer arrives.
Failure to express your preference regarding notification to the consulate in writing.
Failure to consider the consequences of criminal investigation, deportation and residence permit together.
Missing the seven-day application period against a deportation decision.
For a foreigner in custody, the first hours determine the direction of both the criminal file and the residence and deportation processes. Timely exercise of the rights of counsel, interpreter and consular notification forms the basis of the defense in the subsequent stages. Küheylan Law Firm provides legal support on the defense of detained foreigners in criminal investigations, participation in the testimony process as a defense attorney, and execution of applications against administrative detention and deportation decisions.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. The unique conditions of each file may change the outcome. In order not to miss the application, objection and lawsuit deadlines, it is recommended to get legal support from a lawyer before the process begins. © 2026 Küheylan Law Firm. All rights reserved.
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