Police Custody Orders and Review
Police custody: authority, time limits and review
Police custody temporarily restricts a suspect’s liberty so that investigative steps can be carried out. Turkish law sets conditions for both ordering the measure and continuing it.
Police custody is a temporary procedural measure, distinct from detention in prison ordered by a court.
What is police custody?
After arrest, a person may be held temporarily for investigative purposes. Custody is not automatic: it must be necessary for the investigation and supported by concrete evidence of suspicion that the person committed an offence.
The general limit under Article 91 is 24 hours from arrest, excluding the time necessarily spent taking the person to the nearest judge or court; that journey may not exceed 12 hours. In offences committed collectively, difficulty collecting evidence or a large number of suspects may justify written prosecutorial extensions of up to one day at a time, for a total extension of three days. The special rules for situations covered by Article 91(4) must also be considered.
Frequently Asked Questions
1. Who can order police custody? As a general rule, the public prosecutor. Article 91(4) also permits designated police or gendarmerie supervisors to order custody in specified situations where an offence is caught in the act. This limited exception does not give the police a general power to order custody in every case.
2. How can custody be reviewed? Custody is a criminal procedural measure, not an administrative one. Under Article 91(5), the arrested person, their lawyer, legal representative, spouse, or a first- or second-degree blood relative may apply to the criminal judge of peace to secure immediate release. The judge considers the papers without delay and decides within 24 hours at the latest.
The application should explain why custody is unnecessary, whether concrete evidence supports the suspicion, how much time has elapsed and any procedural defects.
A person in custody has statutory rights, including information about the allegation, assistance from a defence lawyer and notification of a relative. The particular measure determines the applicable procedure.
- A lawyer can explain these rights and attend questioning.
- Prepare and submit an application for review of custody.
- Check compliance with the statutory time limits.
Review requires examination of the legal basis, timing, custody records and evidence in the file.
