Challenging Pre-Trial Detention in Türkiye: Conditions, Release Requests and the Two-Week Objection Period

Pre-trial detention is the most severe protective measure affecting personal liberty: it deprives a person who has not been convicted of their freedom. The Turkish Code of Criminal Procedure (CMK) therefore subjects detention to strict conditions and keeps the objection route open.

Conditions for detention (CMK Art. 100)

Detention may be ordered only if:

• there is concrete evidence showing strong suspicion of an offence,
• there is a ground for detention: concrete facts giving rise to suspicion that the suspect or accused will flee or hide, or strong suspicion that they will tamper with evidence or pressure witnesses or victims,
• detention is proportionate to the significance of the case and the expected penalty or security measure.

For certain catalogue offences listed in the law, a ground for detention may be presumed if there is strong suspicion based on concrete evidence. Conversely, detention may not be ordered for offences punishable only by a judicial fine or, except for intentional offences against bodily integrity, for offences whose maximum prison term does not exceed two years.

Reasoning and judicial control

Under CMK Art. 101, decisions ordering or continuing detention or rejecting a release request must clearly show, with reasoning based on concrete facts, the strong suspicion, the grounds for detention, proportionality and why judicial control would be insufficient. Judicial control measures such as a travel ban, periodic reporting or house arrest are milder alternatives to detention. When detention is requested, the suspect or accused is assisted by defence counsel of their choice or appointed by the bar.

Objecting to a detention decision

Under CMK Arts. 101(5) and 104(2), decisions ordering or continuing detention and rejecting release requests may be challenged. Under Art. 268, unless otherwise provided, the objection is made within two weeks of learning of the decision, by petition to the authority that issued it or by a statement to the court clerk. If the judge finds the objection justified, they correct the decision; otherwise they send it within three days at most to the competent reviewing authority.

During the investigation stage, objections to decisions of criminal judgeships of peace on detention and judicial control have, since a 2021 amendment, been reviewed by the judge of the criminal court of first instance within the jurisdiction. Objections to decisions during the trial stage are reviewed by the courts designated in the law.

Release can be requested at any time

Under CMK Art. 104, the suspect or accused may request release at every stage of the investigation and trial. The judge or court decides on continued detention or release. Detention is also reviewed ex officio within the periods prescribed by law.

What should an objection include?

• that there is no or insufficient concrete evidence of strong suspicion,
• that there are no concrete facts indicating risk of flight or tampering with evidence (fixed address, family and work ties, evidence already collected, etc.),
• that detention is disproportionate to the alleged offence and expected penalty,
• that judicial control measures would suffice,
• that the decision is not reasoned with concrete facts.

Setting out these points concretely is important; objections using general, boilerplate language may have limited effect.

Individual application

After ordinary remedies are exhausted, an individual application may be made to the Constitutional Court alleging a violation of the right to liberty and security. The time limit is thirty days from exhaustion of remedies.

This article is for general information purposes only and does not constitute legal advice.