Fundamental Rights Upon Apprehension
Under the Turkish Code of Criminal Procedure (CMK), when an individual is apprehended or summoned as a suspect, law enforcement must immediately inform them of their legal rights.
The suspect has the fundamental right to clearly know the specific criminal charges brought against them before answering any questions.
Additionally, they must be informed of their right to inform a relative about their detention.
The Right to Remain Silent
One of the most critical rights in a criminal investigation is the right to remain silent. The suspect is not obliged to make a statement or answer questions regarding the charges.
Using the right to remain silent cannot be legally interpreted as an admission of guilt. In many strategic defenses, remaining silent until reviewing the prosecution's evidence is the safest approach.
The Right to Legal Counsel (Müdafi)
The suspect has the absolute right to demand the presence of an attorney (müdafi) during questioning. If the suspect cannot afford an attorney, the Bar Association must appoint one free of charge.
Law enforcement is prohibited from taking a formal statement until the requested attorney arrives. The attorney's role is to ensure the interrogation is lawful, preventing coercion, leading questions, or psychological pressure.
Evidentiary Value of Statements Without Counsel
To prevent police coercion, the CMK explicitly dictates that any statement taken by law enforcement without the presence of an attorney cannot constitute the basis of a court judgment.
The only exception is if the suspect explicitly confirms the accuracy of that unrepresented police statement later in front of a judge or court.
Therefore, having a defense attorney present during the initial police statement is crucial for protecting the suspect's rights throughout the trial.