Giving a statement at a police station is one of the most common legal procedures that individuals may encounter in Turkey. Whether a person is summoned as a suspect, a victim, or a witness, the process of providing a statement to law enforcement carries significant legal weight. The statements recorded during this stage form part of the investigation file and may later be used as evidence before the courts. For this reason, understanding the nature and consequences of this process is essential for anyone who finds themselves called to a police station.
A statement, in the context of Turkish criminal procedure, refers to the act of conveying information about a crime or an incident to the public prosecutor or to law enforcement officers acting under the prosecutor’s authority. The legal framework governing this process is primarily set out in the Code of Criminal Procedure No. 5271, particularly in Articles 145 through 148. These provisions regulate how a statement must be taken, what rights the individual has, and which practices are strictly prohibited during the process.
Who May Be Called to Give a Statement
Turkish law recognizes three distinct capacities in which a person may be called to the police station. The first is the suspect, a person against whom there is a suspicion of having committed a criminal offense. The second is the complainant or victim, who is the individual harmed by the alleged crime. The third is the witness, a person who has observed the incident or possesses relevant knowledge about it. Each of these capacities entails different rights and obligations, and the way the statement is taken varies accordingly.
It is important to note that being summoned to give a statement does not automatically mean that a person is guilty or that criminal charges will follow. Many individuals are called simply because they may have information relevant to an ongoing investigation. However, the statement given at this stage can influence the direction of the entire proceeding, which is why legal preparation before attending the police station is strongly recommended.
How a Person Is Summoned
A person may be called to the police station in two ways. The first and most common method is through a written summons, which is a formal notification specifying the reason for the summons and the time at which the person is expected to appear. The summons must clearly state the subject matter of the investigation.
The second method is a compulsory attendance order, which may be issued when a person fails to comply with a written summons without a valid excuse. Under a compulsory attendance order, law enforcement officers may bring the person to the station. In such cases, the person must be brought before the competent authority within twenty-four hours at the latest, excluding the time spent in transit. This time limitation is a constitutional safeguard designed to prevent arbitrary deprivation of liberty.
The Procedure for Taking a Statement
The procedure for taking a statement from a suspect is governed by Article 147 of the Code of Criminal Procedure No. 5271. This provision sets out a structured process that law enforcement must follow strictly. Any deviation from this procedure may render the statement inadmissible in court.
The process begins with the identification of the suspect. The officer records the person’s full name, date and place of birth, national identification number, address, and other identifying information. Following identification, information about the person’s personal and economic circumstances is collected. This step serves a practical purpose in Turkish criminal law, as it provides the court with the data necessary to determine the amount of a judicial fine under Article 52 of the Turkish Penal Code No. 5237.
After the identification stage, the suspect is informed of the accusation against them. This is the right to be informed of the charges, which constitutes one of the most fundamental guarantees in the criminal process. The suspect must be told clearly and in understandable language what offense they are alleged to have committed and what evidence has led to this suspicion.
Once the accusation has been communicated, the suspect’s legal rights are read out individually. Only after these rights have been explained may the actual statement-taking begin. The suspect is first given the opportunity to provide a free narrative account of the events in their own words. Following this open narrative, officers may proceed with specific questions. The entire statement is recorded in a written protocol, which is then read back to the suspect and signed. In many police stations, the process is also recorded using audio or video equipment.
Rights of the Suspect During the Statement
The rights afforded to suspects during the statement-taking process are among the most important protections in Turkish criminal procedure. These rights are not merely procedural formalities but are rooted in the Turkish Constitution, the European Convention on Human Rights, and the Code of Criminal Procedure.
The right to be informed of the accusation ensures that the suspect knows exactly what offense is being attributed to them before they make any statement. Without this information, a meaningful defense cannot be prepared.
The right to remain silent is perhaps the most significant protection available. A suspect is under no obligation to answer any question posed by law enforcement. The exercise of this right cannot be interpreted to the detriment of the suspect, and no pressure may be applied to compel speech. This right is absolute and applies at every stage of the criminal process.
The right to legal counsel means that the suspect may request the presence of an attorney during the statement. If the suspect cannot afford an attorney, they may request that one be appointed by the local bar association free of charge. The appointed attorney may be present during the statement without the need for a power of attorney. During the investigation phase, a suspect may have up to three attorneys present simultaneously, as provided by Article 149, paragraph 2 of the Code of Criminal Procedure.
The right to notify relatives allows a suspect who has been brought to the station by force or placed in police custody to request that a family member or another person of their choosing be informed of their situation.
Finally, the right to request the collection of evidence in their favor enables the suspect to ask that specific evidence that may support their innocence be gathered and included in the investigation file.
Mandatory Legal Representation
While the right to an attorney is generally exercisable at the suspect’s discretion, there are specific circumstances under which the presence of a defense counsel is mandatory, regardless of the suspect’s wishes. Article 150 of the Code of Criminal Procedure identifies these situations.
Legal representation is mandatory for suspects who are under eighteen years of age, for those who are unable to defend themselves due to physical or mental disability, and for those who are deaf or mute. It is also mandatory in cases where the offense falls within the jurisdiction of the Assize Court, which generally handles crimes carrying a minimum sentence of five years’ imprisonment or more. Furthermore, when a detention order is being sought, the suspect must have access to legal counsel. In cases processed through the expedited procedure under Article 250 of the Code of Criminal Procedure, the presence of an attorney is likewise required.
A statement taken in violation of the mandatory legal representation requirement is considered unlawful and carries no evidentiary value. Courts are prohibited from relying on such a statement, even if the suspect later confirms its contents.
Prohibited Methods in Statement-Taking
Article 148 of the Code of Criminal Procedure establishes a comprehensive framework of prohibited methods that may not be used during the taking of a statement or during interrogation. The underlying principle is that the statements of the suspect and the accused must be based on their free will. No physical or psychological interference of a nature that would impede this free will, including but not limited to ill-treatment, torture, the administration of medication, exhaustion, deception, the use of force or threats, or the use of certain instruments, shall be carried out.
The prohibition extends to promises of unlawful benefits. An officer may not, for example, promise a suspect that charges will be dropped or that a lighter sentence will be imposed in exchange for a particular statement. Such promises are explicitly prohibited under paragraph 2 of the same article.
Paragraph 3 of Article 148 contains an absolute rule: statements obtained through prohibited methods shall not be admitted as evidence, even if they were given with the consent of the person concerned. This means that even if a suspect voluntarily repeats a statement that was initially obtained through coercion, the original taint cannot be cured. The statement remains inadmissible in its entirety.
Evidentiary Value of Statements Taken Without an Attorney
One of the most practically significant provisions in Turkish criminal procedure is Article 148, paragraph 4 of the Code of Criminal Procedure, which states that a statement taken by law enforcement in the absence of a defense counsel shall not serve as a basis for judgment unless it is confirmed by the suspect or the accused before a judge or court.
This provision has far-reaching implications. A statement given at the police station without an attorney present does not automatically become part of the evidence that the court may rely upon when rendering its verdict. For such a statement to be used, the suspect must explicitly confirm it before a judge, not merely before the public prosecutor. Confirmation before the prosecutor’s office alone is insufficient, as the Court of Cassation has repeatedly held in its case law. This rule serves as a powerful incentive for suspects to exercise their right to legal counsel from the very beginning of the process.
The Prohibition on Repeated Statements by Law Enforcement
Article 148, paragraph 5 of the Code of Criminal Procedure introduces a further protection by establishing that when the need arises to take the statement of the suspect again regarding the same incident, this procedure may only be carried out by the public prosecutor. Law enforcement officers are prohibited from taking a second statement from the same suspect about the same matter. This rule is designed to prevent the use of repeated questioning as a tool of pressure or intimidation.
What Happens After Giving a Statement
After a statement has been taken at the police station, the investigation continues under the direction of the public prosecutor. If the suspect has been placed in police custody, the custody period is generally limited to twenty-four hours, though it may be extended in certain circumstances. At the end of this period, the public prosecutor must decide whether to release the person, impose judicial control measures, or request that the person be remanded in custody by the Criminal Judgeship of Peace.
The statement protocol, together with all other evidence gathered during the investigation, is forwarded to the Office of the Chief Public Prosecutor. The prosecutor then evaluates the file and makes one of two decisions. If there is sufficient evidence to establish a reasonable suspicion that a crime has been committed, the prosecutor prepares an indictment and initiates criminal proceedings before the competent court. If the evidence is insufficient or prosecution is not legally possible, the prosecutor issues a decision of non-prosecution.
It should be noted that being released after giving a statement does not mean that the investigation has been closed. The investigation may continue, and the person may be summoned again if new evidence emerges. Conversely, being taken into custody does not mean that the person will necessarily be convicted. The presumption of innocence applies throughout the entire process.
Practical Considerations
Anyone who receives a summons to give a statement at a police station should, if possible, consult with an attorney before attending. An attorney can review the investigation file on behalf of the suspect and provide guidance on how to approach the statement. Remaining calm and providing accurate information in one’s own words is essential. Unnecessary details and speculation should be avoided, as they may create complications later in the process.
The statement protocol should be read carefully before signing. Any inaccuracies or omissions should be corrected before the document is finalized. It is also important to ensure consistency between the statement given at the police station and any subsequent statements made before the prosecutor or the court, as contradictions may create an unfavorable impression.
Giving a statement at the police station does not create a criminal record. However, the content of the statement may play a decisive role in the subsequent stages of the criminal process, making it one of the most consequential moments in any investigation under Turkish law.
For all legal matters concerning Turkish law, you can reach out to Attorney Ozan Soylu. Legal consultancy and representation services are provided with a dedicated approach for foreign nationals. To submit your questions, contact us.
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