A frequent question we receive is whether the detainee has the right to meet his/her relatives. Meeting with a detainee is a right only available to his lawyer. Relatives or friends do not have the right to meet with the person in custody. Yet the detainee has the right to have its “kith and kin” notified of their detention. Often it is that person who contacts Advocate Abroad on behalf of the detained person.

Another question our clients ask is regarding the notification of their embassy. It is mandatory for the police or the prosecution to notify the embassy unless the detainee demands otherwise in a written form. However there is an exception to this rule; if the detainee is a citizen of Russia, Lithuania, China, Georgia, Turkmenistan, Kazakhstan, Azerbaijan or Uzbekistan the embassy will only be notified if demanded by the detainee. Lastly the detainee has the right to a translator during each procedure, including statement taking.

The detainee has the right to legal assistance of an attorney as well as the right to “choose” an attorney. In case the detainee does not know any lawyer, the Turkish government will be able to appoint a legal aid lawyer to assist him/her only if the alleged crime carries five-year or above imprisonment. So if a friend or family member is arrested in Turkey, they will be assisted with a legal aid lawyer only in serious crimes. We do not recommend a legal aid lawyer since this lawyer cannot be chosen which means neither the detainee nor the relatives can know whether this professional is used to working with foreign clients or if they speak English.

The only information we require is either an investigation file number or a court reference number in order to go examine the documents, which will contain the evidence and charges against the arrested person. This sensitive situation requires an attorney who is experienced in criminal law and who has advanced language skills so that both the arrested person and their family is kept uptdated and informed of the entire proceedings.