An arrest warrant is a serious measure that restricts an individual's liberty. Therefore, an effective objection mechanism against this decision is a fundamental guarantee of the rule of law and the right to a fair trial. The Turkish Code of Criminal Procedure ("CCP") meticulously regulates this objection process.

1. Right to Object and Time Limit

The right to object to an arrest warrant is one of the most crucial rights granted to a suspect or accused person. This right plays a critical role in protecting the right to liberty and security. The objection period is 7 days starting from the date the decision is pronounced (read to the face) or served (notified in writing) to the suspect or accused. This period begins to be calculated on the day following the day of arrest; the day of arrest is not included. For example, if an arrest warrant is issued on Tuesday, Wednesday is calculated as the 1st day. This short and strict period provides for rapid legal intervention against the restriction of liberty. Objections made after this period are evaluated as a request for review of the detention and are subject to a different legal procedure. This distinction highlights the importance of using legal remedies correctly and in a timely manner.

2. Persons Entitled to Object

An objection to an arrest warrant can be filed directly by the arrested suspect or accused person, or by their lawyer (defense counsel). The law has also allowed a wider circle of individuals to exercise this right. The spouse and legal representative (guardian, trustee, or parent) of the arrested person can also object to the arrest warrant. This regulation aims to enable relevant relatives to be involved in the legal process, recognizing that detention has significant consequences beyond its impact on the individual, extending to familial and social contexts. This constitutes an important safeguard, especially in situations where the detained person cannot carry out legal proceedings on their own.

3. Authorities to Which the Objection Will Be Made and Examination Procedure

The objection petition or statement is primarily submitted to the judge or court that issued the arrest warrant. If the issuing authority deems the objection valid, it may rectify its own decision and order the release of the detained person. This allows for prompt correction of erroneous decisions at the initial stage of the proceedings. Otherwise, the file is sent to the competent higher authority to examine the objection, within a maximum of 3 days. Submitting the objection to the wrong authority does not result in the rejection of the request; the file is forwarded to the relevant competent authority. This aims to prevent possible errors in the legal process from causing a loss of rights for the individual.

3.1. Competent Authorities (CCP Art. 268/3-b)

The competent authorities to examine the objection vary depending on the issuing authority:

• Against Decisions of the Criminal Judgeship of Peace: Objections are examined by the Judge of the Criminal Court of First Instance within the jurisdiction of the Criminal Judge of Peace who issued the decision. If the Criminal Judgeship of Peace acts as a Judge of the Criminal Court of First Instance, the objection is examined by the President of the High Criminal Court.
• Against Decisions of the Criminal Court of First Instance: Objections are examined by the High Criminal Court within their jurisdiction.
• Against Decisions Issued by the High Criminal Court and its President: If there is more than one chamber of the High Criminal Court in that location, the objection is examined by the chamber numerically following it; if there is only one chamber, it is examined by the nearest High Criminal Court. This hierarchical objection system ensures that arrest warrants are subject to independent and high-level judicial review, strengthening legal safeguards.

3.2. Examination Procedure

The objection examination is generally conducted over the file (i.e., no hearing is held). However, if deemed necessary, the public prosecutor and subsequently the defense counsel or attorney are heard. This procedure ensures swift decision-making while guaranteeing that important legal arguments are not overlooked. The objection application is not subject to any fees.

4. Periodic Review of Detention

The state of detention is dynamically monitored throughout the judicial process and re-evaluated at regular intervals. This is an important safeguard applied to ensure that detention is continuously based on just reasons and to prevent arbitrary prolongations.

• During the Investigation Phase: The state of detention is ex officio (on its own motion) reviewed by the Criminal Judge of Peace at intervals of no longer than 30 days during the investigation phase. During this review, the suspect and defense counsel are heard. This regular review ensures that the necessity of continued detention is constantly questioned.
• During the Prosecution Phase: In the prosecution phase, the court conducting the trial reviews the detention at every hearing, if circumstances require, between hearings, or ex officio at least every 30 days. Additionally, pursuant to Article 108 of the CCP, ex officio reviews can also be conducted every 90 days by hearing the person or their defense counsel, through a hearing. These periodic and mandatory reviews aim to prevent detention from exceeding a reasonable period and to ensure the legality and necessity of the liberty restriction at every stage. This continuous oversight emphasizes the proactive role of judicial bodies in protecting an individual's right to liberty.

5. Compensation Lawsuit Due to Unlawful Detention

The compensation of damages suffered by individuals unlawfully deprived of their liberty is an important requirement of the rule of law and the protection of individual rights. In Turkish law, the possibility of filing a compensation lawsuit due to unlawful detention is guaranteed by the CCP.

5.1. Conditions and Legal Basis for Compensation Lawsuit

The compensation lawsuit due to unlawful detention is regulated in detail in Article 141 of the CCP (Law No. 5271). This type of lawsuit is also commonly known as "Acquittal Compensation" in public discourse. The lawsuit is filed directly against the state, representing the Ministry of Finance.

Situations where compensation can be claimed are clearly specified in CCP Art. 141/1. These primarily include arrest, unlawful detention, or the continuation of detention decided outside the conditions specified in the laws. When protective measures (such as apprehension, custody, detention) are applied unlawfully, or when a decision of acquittal, non-prosecution, or a judgment resulting in acquittal is rendered as a result of an investigation or prosecution against the person, that protective measure is considered unlawful, and the right to compensation arises. This regulation indicates that the state assumes responsibility for compensating the individual's damages when measures it applied, even in good faith, are found to be unlawful or fundamentally unfounded. This serves as a deterrent mechanism against arbitrary or careless application of protective measures.

5.2. Calculation of Pecuniary and Non-Pecuniary Damages

In lawsuits filed due to unlawful detention, both pecuniary (material) and non-pecuniary (moral) damages can be claimed. The court evaluates the compensation claim and the submitted documents according to the general principles of compensation law.

• Pecuniary Damages: Pecuniary damage refers to the financial losses suffered physically or materially by an individual unlawfully deprived of their liberty. In this context, loss of earnings during the period of detention (including unpaid wages due to termination of employment, bonuses, social rights, and severance pay) can be claimed. Even if the person has no job or income, they have the right to claim compensation calculated based on the minimum wage for the period they were detained. The court generally resorts to expert examination to calculate pecuniary damages.
• Non-Pecuniary Damages: Non-pecuniary damages aim to alleviate, to some extent, the emotional distress, suffering, and psychological anguish felt by the detained person due to the damage to their reputation in their social environment and the deprivation of liberty. There is no specific formula for calculating non-pecuniary damages. Instead, the court determines an amount that will not lead to unjust enrichment and will be fair, considering factors such as the person's social and economic status, the nature of the alleged crime, the duration of detention, and similar factors. The ability to claim pecuniary and non-pecuniary damages separately indicates that unlawful detention addresses both concrete financial losses and the damage to the individual's psychological integrity in a comprehensive manner.
• Interest: If requested, statutory interest can be applied from the date of apprehension. Even if interest is not requested in the lawsuit petition, statutory interest is applied to the awarded compensation items from the date of the lawsuit.

5.3. Lawsuit Periods and Competent Court

• Lawsuit Filing Period: The period for claiming compensation due to unlawful detention is limited to 3 months from the notification of the finalization of the relevant file to the aggrieved party, and in any case, 1 year following the finalization date of the decisions or judgments. These periods are preclusion periods (hak düşürücü süreler), not statutes of limitation (zamanaşımı). Preclusion periods mean that a specific right is completely lost if it is not exercised within a certain timeframe; therefore, strict adherence to these periods is critically important.
• Competent Court: The competent court for an unlawful detention compensation lawsuit is the High Criminal Court of the place where the aggrieved party resides. If this High Criminal Court was involved in the action related to the compensation (e.g., as the court that issued the arrest warrant), another High Criminal Court will hear the case. If there is no other High Criminal Court in that location, the nearest High Criminal Court becomes the competent and authorized court. This regulation aims to ensure that the case is heard impartially.
• Fee: Pecuniary and non-pecuniary compensation lawsuits filed due to unlawful protective measures are not subject to any fees or costs due to the nature of the lawsuit.

5.4. Cases Where Compensation Cannot Be Claimed

Pursuant to Article 144, paragraph 1 of the CCP, in some situations, individuals cannot claim compensation due to unlawful detention. These exceptions define the limits of the state's compensation liability and are points that must be carefully examined before filing a lawsuit:

• If the period of apprehension and detention has been offset against another conviction. However, Supreme Court precedents state that even in this case, a symbolic pecuniary and non-pecuniary compensation may be awarded.
• If the person became entitled to compensation due to subsequently enacted favorable laws, but had no right to compensation before these favorable regulations.
• If a decision of non-prosecution or dismissal of the case was rendered due to reasons such as general or special amnesty, waiver of complaint, reconciliation, or temporary suspension, postponement, or dismissal of the public case. However, in cases where the case is dismissed due to prescription (statute of limitations), the person's right to receive pecuniary and non-pecuniary compensation may continue.
• If a decision of non-punishment was rendered due to incapacity to commit a crime (e.g., mental illness).
• If the person caused their own apprehension or detention by stating that they committed or participated in a crime (by false denunciation or slander). These exceptions aim to prevent the abuse of the right to compensation and to limit the state's liability in situations arising from the individual's own actions.

6. Importance of Having a Lawyer During the Criminal Justice Process

The criminal justice process is a complex and technical area that directly affects individuals' most fundamental rights, namely their liberty. In this process, the presence and effective role of a lawyer are of central importance for ensuring a fair trial and protecting the individual's right to defense.

6.1. Role of the Lawyer in the Context of the Right to a Fair Trial

A lawyer in criminal proceedings is not only a representative of their client but also functions as a guarantor of the rule of law and the right to a fair trial. Lawyers strive to protect the rights of both the accused and the victims and actively participate in every stage of criminal proceedings.

The presence of a lawyer is vital for questioning whether evidence has been obtained lawfully during the trial process, minimizing the risks of wrongful convictions, and ensuring respect for individuals' human rights. This "systemic" role makes the lawyer an important oversight mechanism over state power and directly contributes to maintaining public confidence in the justice system. The right to benefit from defense counsel is an integral part of the right to a fair trial, and without the effective use of this right, it is not possible to speak of a fair trial.

6.2. Duties of the Lawyer During the Investigation and Prosecution Process

• Representation of the Right to Defense: Lawyers gather evidence, question witnesses, and develop legal arguments against allegations to ensure that defendants are fairly defended.
• Legal Advice and Guidance: As criminal cases involve complex legal processes, lawyers inform their clients about the process, help them understand their rights and legal options. They also provide guidance on which strategies should be pursued.
• Support During the Investigation Process: During the investigation phase, lawyers accompany their clients while they give statements and carefully monitor the process to ensure their rights are not violated. The evidentiary value of statements taken without a lawyer at the police station is low; for example, precedent-setting decisions such as the European Court of Human Rights' (ECtHR) Salduz v. Turkey ruling have emphasized that statements taken without legal assistance may violate the right to a fair trial. This situation shows the decisive impact of a lawyer's presence at an early stage on the future of the case.
• Support During the Prosecution Process: During the prosecution phase, the lawyer defends against the prosecutor's allegations and ensures that the case is conducted in accordance with the law.
• Monitoring Legal Proceedings: Lawyers handle procedures such as preparing petitions, managing objection processes, and ensuring that the case file is conducted in accordance with the law. Timely and accurate execution of legal procedures is vital for achieving a favorable outcome for the client.
• Protection of Victims' Rights: Lawyers play an important role not only in defending the accused but also in ensuring that victims can make their voices heard in cases and that their damages are compensated. Handling compensation claims in a legally sound manner and effectively defending victims' rights are within the scope of lawyers' responsibilities.
• Ethical and Professional Conduct: A criminal lawyer is always obligated to act in accordance with professional ethical rules. Honesty, the principle of confidentiality, and adherence to the rule of law are fundamental values of this profession.

6.3. Lawyer as a Guarantee of the Right to Defense

The presence of a lawyer is an indispensable guarantee for the effective exercise of the right to defense. An arrest warrant cannot be issued after a suspect has been interrogated without defense counsel. This rule emphasizes that a severe measure like arrest can only be taken in an environment where full legal assistance is provided.

A lawyer's meeting with their client is not subject to oversight and should take place in an environment where what is discussed cannot be heard by others. Correspondence with defense counsel cannot be subject to any control whatsoever. This absolute confidentiality is a necessary material condition for the right to defense to proceed appropriately. This situation ensures the preservation of the trust relationship between lawyer and client and allows for the most effective formulation of the defense strategy by enabling the client to express themselves fully. This legal protection is one of the fundamental pillars of a fair trial process and demonstrates the state's deep commitment to the integrity of the right to defense.

7. Conclusion

The short 7-day objection period against an arrest warrant and the hierarchical review authorities aim to provide swift and effective legal oversight against the restriction of liberty. The possibility of filing a compensation lawsuit due to unlawful detention, on the other hand, establishes the state's responsibility to compensate damages arising from unlawful or unfounded practices; this is an indicator of the state's accountability and confidence in the justice system.

Finally, the importance of having a lawyer at every stage of the criminal justice process cannot be overstated. Lawyers not only defend their clients' rights but also play a central role in ensuring the right to a fair trial, overseeing the legality of evidence, and preventing human rights violations. The support of an experienced lawyer is indispensable for protecting individuals' rights in complex legal processes and achieving a fair outcome. This comprehensive legal framework reflects the Turkish justice system's emphasis on individual rights and its commitment to the rule of law.