Many people living in Germany and other EU countries learn about a criminal investigation against them in Turkey by chance: a notification, news from a relative, or a surprise at the airport. If this happens to you, the first step is to stay calm and know your rights.
1. Finding out about the investigation. A lawyer can usually check through the UYAP system whether a file exists against you. If a restriction order has been issued (Art. 153 of the Criminal Procedure Code, CMK), access to the file contents may be temporarily limited.
2. Right to silence and to counsel. As a suspect, you have the right to remain silent, the right to legal assistance and the right to request that evidence be collected. Living abroad does not remove these rights.
3. Defending yourself from abroad. You can be represented by a lawyer without travelling to Turkey and, if necessary, give a statement through a consulate. A power of attorney certified by a notary or a consulate is sufficient to appoint counsel.
4. Risk of an arrest warrant. If a suspect cannot be reached, an arrest warrant may be issued. This creates a risk of detention when travelling to Turkey, so it is important to clarify the status of your file before any trip.
5. Remedies against decisions. Objections to a decision not to prosecute, or to arrest and detention orders, are subject to strict deadlines. Missing them can mean losing your rights.
6. The international dimension. If Turkey requests extradition or an international alert is issued, a separate legal assessment is needed in Germany and at the European level. At this stage, an expert opinion can be decisive.
This article is for general information only and does not constitute legal advice. Every case must be assessed on its own facts.
Turkut Legal is a Berlin-based legal consultancy. It advises on Turkish criminal proceedings before investigative and judicial authorities and, where appropriate, on the international dimension of such cases. To assess which defence strategy and legal avenue is appropriate for your situation, get in touch with us. Counsel available in Turkish, English and German.