Foreigner Detained in Türkiye: Time Limits, Rights and What to Do

Short answer: if a foreigner is held in Türkiye in a criminal case, police custody may as a rule last no more than 24 hours (Art. 91, Turkish Criminal Procedure Code); the person is then released or brought before a criminal judge of peace. A relative is informed, and so is the consulate unless the person objects in writing. Rights to a lawyer, silence and a state-paid interpreter apply from the start.

Last updated: 19 October 2026.

For foreigners there are two different kinds of detention in Türkiye: criminal custody (gözaltı) under the Criminal Procedure Code No. 5271 (CMK), and administrative detention (idari gözetim) in a removal centre under the Law No. 6458 on Foreigners and International Protection (YUKK). Deadlines, decision-makers and remedies differ. Deportation orders and entry bans are covered in our separate article on deportation and entry bans in Türkiye.

How does criminal custody differ from administrative detention?

Criminal custody is based on suspicion of an offence and is run by the prosecutor and the judge, whereas administrative detention is linked to removal and is ordered by the governorate.

Point	Criminal custody (CMK)	Administrative detention (YUKK)
Legal basis	Arts. 90–91 CMK	Art. 57 YUKK
Decided by	Public prosecutor, then the criminal judge of peace (sulh ceza hâkimliği)	Governorate (valilik)
Place	Police or gendarmerie custody unit	Removal centre (geri gönderme merkezi), transfer within 48 hours
Duration	As a rule 24 hours (plus up to 12 hours to reach the judge); for collective offences the prosecutor may extend by one day at a time, up to three days	Up to 6 months, plus a maximum of 6 more if the foreigner does not cooperate; reviewed monthly
Challenge	Criminal judge of peace, on the file, decided within 24 hours (Art. 91/5)	Criminal judge of peace, decided within 5 days, final; the application does not suspend detention (Art. 57/6)

What rights does a detained foreigner have?

Apart from the duty to answer identity questions truthfully, the suspect must be told the accusation, the right to choose a lawyer or ask the bar association to appoint one, the right to remain silent and the right to request evidence in his or her favour (Art. 147 CMK). A relative or a person of the detainee's choice is informed without delay, and for a foreigner the consulate is notified unless he or she objects in writing (Art. 95); the same applies to pre-trial detention (Art. 107/3). This is in line with Article 36 of the Vienna Convention on Consular Relations; Türkiye has been a party since 1976 (UN Treaty Collection).

• A statement taken by the police without a lawyer cannot be the basis of a judgment unless confirmed before a judge (Art. 148/4).
• The suspect may meet the lawyer at any time, in private, without a power of attorney (Art. 154/1); for certain terrorism and organised drug offences a judge may restrict this for 24 hours (Art. 154/2).
• A suspect who does not speak Turkish is given an interpreter appointed by the judge or prosecutor (Art. 202/3), at the expense of the state (Art. 324/5).
• Where the minimum sentence exceeds five years' imprisonment, a lawyer is appointed even without a request (Art. 150/3).

What happens before the judge: arrest or judicial control?

If the prosecutor does not release the suspect, he or she asks the criminal judge of peace for pre-trial detention (tutuklama) or judicial control (adli kontrol). Detention requires concrete evidence of strong suspicion plus a ground such as a risk of flight or of tampering with evidence, and it must be proportionate (Art. 100). For offences with a maximum penalty of two years or less, detention is not allowed, except for intentional offences against bodily integrity (Art. 100/4).

For foreigners the key judicial control measure is the travel ban (Art. 109/3-a); regular reporting, a security deposit and house restrictions are also common. Judicial control is limited to two years in cases outside the heavy criminal court's jurisdiction and three years within it (extensions possible, Art. 110/A), and is reviewed at least every four months (Art. 110/4).

Objection: decisions on detention and judicial control can be challenged within two weeks of learning of the decision (Art. 268/1, amended by Law No. 7499 in 2024; older sources still say seven days). The objection is examined by the judge of the criminal court of first instance (Art. 268/3-b) and does not by itself suspend the decision (Art. 269). Release can be requested at any stage and is decided within three days (Arts. 104–105).

How long can a foreigner be held in a removal centre?

Administrative detention may last up to six months and, if removal cannot be completed because the foreigner does not cooperate, up to six more months (Art. 57/3 YUKK). The governorate decides within 48 hours of being notified by the police (Art. 57/1) and reviews the need for detention every month (Art. 57/4). The detainee, a legal representative or a lawyer can apply to the criminal judge of peace, who decides within five days; the decision is final, but a new application is possible if circumstances change (Art. 57/6). In the centre the foreigner has access to relatives, a notary, a lawyer, consular officers and UNHCR (Art. 59). Alternatives to detention may not exceed 24 months in total (Art. 57/A).

What should be done in the first 24 hours?

Stage	The detained person	Family
At arrest	Ask for an interpreter and a lawyer; name the person to inform; say whether the consulate should be notified	Find out which police or gendarmerie unit holds the person
Before questioning	Make no statement on the merits until the lawyer arrives	Instruct a lawyer; no power of attorney is needed to meet the detainee (Art. 154)
Questioning	Read the record; do not sign what you do not understand	Pass passport, residence permit, lease or title deed, work and family documents to the lawyer
Within 24 hours	If needed, challenge custody before the judge of peace	A spouse or first- or second-degree blood relative may also apply (Art. 91/5)
Before the judge	Explain address, work and family ties	Obtain a copy of the decision; track the two-week objection period

For criminal matters in Alanya see our criminal lawyer in Alanya page, and for Antalya the lawyer in Antalya page. If relatives abroad need to sign documents, see power of attorney for Türkiye from abroad. The outcome of every case depends on its facts.

Frequently asked questions

Can I refuse consular notification?

Yes. Under Arts. 95/2 and 107/3 CMK the consulate is not notified if the foreigner objects in writing. A relative or chosen person is still informed.

Do I have to give a statement to the police?

You must answer identity questions truthfully; on the accusation itself you have the right to remain silent (Art. 147/1-e).

Can I leave Türkiye while under judicial control?

Not if a travel ban has been imposed. It can be challenged within two weeks or its lifting can be requested later (Art. 111).

Does a lawyer need a power of attorney to see a detainee?

No. Art. 154/1 CMK allows the meeting without one; a power of attorney is usually signed later if the lawyer continues with the case.

This article is general information as of 19 October 2026 and is not individual legal advice. Check the current texts of Code No. 5271 and Law No. 6458 on mevzuat.gov.tr before acting.