Being subject to a criminal investigation as a “suspect” brings with it a series of constitutional and statutory safeguards. Being taken into custody or summoned to give a statement does not mean a person has lost their rights; on the contrary, those rights come into play precisely at this stage. Criminal Procedure Law No. 5271 secures the rights of the suspect in detail.

In this article, we set out in general terms the fundamental concepts to be understood at the most critical moments of a criminal investigation, and the rights the suspect enjoys.

The Distinction Between Suspect and Accused

Although these two concepts are confused in everyday language, they are legally distinct. A suspect is a person under suspicion of an offence during the investigation stage. An accused is a person under suspicion of an offence during the stage running from the commencement of the prosecution (the trial) until the judgment becomes final. This distinction matters, because both the competent authorities and the way certain rights are exercised change according to the stage.

Apprehension, Custody and Detention Are Not the Same

  • Apprehension: The temporary and de facto restriction of a person’s liberty; as a rule it may be carried out by law enforcement where the conditions are met.
  • Custody: Applied by decision of the public prosecutor. As a rule, the period of custody may not exceed twenty-four hours; this period does not include the travel time needed to bring the person from the place of apprehension to the nearest judge or court (at most twelve hours). In offences committed collectively, this period may be extended within the limits set by law.
  • Detention: Possible only by decision of a judge or court, and it is a protective measure. Law enforcement or the prosecutor cannot order detention on their own.

As can be seen, these three institutions differ from one another in terms of the deciding authority, their duration and their legal nature. Knowing which measure is being applied also determines which rights and avenues of objection come into play.

The Fundamental Rights of the Suspect

The principal rights afforded to the suspect from the outset of the investigation, which must be reminded to them before the statement or questioning, are as follows:

  • The right to remain silent: The suspect has the right not to answer the questions put to them, and their silence cannot be interpreted against them.
  • The right to defence counsel: At every stage of the investigation, the suspect may benefit from the legal assistance of one or more defence counsel; the meeting with counsel is kept confidential.
  • The right to free counsel: A suspect not in a position to appoint counsel is assigned counsel free of charge by the bar association upon request.
  • Cases of mandatory counsel: Where the suspect is a child, is disabled to a degree that prevents them from defending themselves, is deaf-mute, or is being investigated for an offence carrying a lower limit of more than five years’ imprisonment, counsel is assigned without any request being required.
  • The right to be informed of the accusation: The suspect is clearly notified of the accusation against them.
  • The right to have a relative notified: Upon request, the situation of the apprehended person is notified without delay to a relative.
  • The right to request the gathering of exculpatory evidence: The suspect may request that matters in their favour be investigated so as to dispel the suspicion.
  • The presumption of innocence: A person cannot be regarded as guilty unless there is a final judgment of conviction.

Prohibited Methods in the Statement and Questioning

A statement taken before law enforcement or the prosecutor during the investigation stage is called an ifade (statement), and the account taken before a judge is called sorgu (questioning). In both, the free will of the person is essential, and the law strictly prohibits certain methods:

  • A statement cannot be obtained through physical or mental interventions such as ill-treatment, torture, administering drugs, exhaustion, deception, force or threat.
  • An account cannot be obtained by promising an unlawful advantage.
  • Statements obtained through these prohibited methods cannot be used as evidence even with the person’s consent.
  • A statement taken by law enforcement without counsel present cannot form the basis of a judgment unless confirmed by the suspect or accused before a judge or court.

Objecting to Custody and Detention Decisions

Judicial review is available against measures restricting personal liberty. The apprehended or detained person and their counsel may apply to the Criminal Judgeship of Peace against the custody measure, its duration, or the apprehension. An objection is likewise possible against a detention decision; moreover, whether detention should continue is reassessed at regular intervals.

A criminal investigation is a technical process that directly affects a person’s legal position, and the steps taken at this stage can influence the entire subsequent proceedings. When you are summoned to give a statement or taken into custody, exercising your right to silence and to counsel, and conducting the process with a lawyer, is your most fundamental safeguard.