Although the measure of arrest restricts a person's freedom, the fundamental rights of the arrested individual are guaranteed by the Constitution, the Criminal Procedure Code ("CPC"), and international conventions. These rights are indispensable elements for a fair trial process and the protection of human dignity.

1. Right to Be Informed of the Reasons for Arrest or Accusation

Every arrested individual has the right to be immediately informed of the reasons for their arrest or the offense with which they are charged. This right, a fundamental component of the right to a fair trial guaranteed by Article 36 of the Constitution, has been reinforced by the jurisprudence of the Constitutional Court. Furthermore, it is explicitly regulated in Article 6, paragraph 3, subparagraph (a) of the European Convention on Human Rights ("ECHR").

The nature and cause of the offense attributed to the person must be communicated as soon as possible, in a language they understand, and in detail. This goes beyond merely stating the name of the offense; it requires outlining the main facts, such as where, when, and how the incident occurred. This information is vital for the individual to effectively prepare their defense. It is mandatory for the person apprehended or arrested to be informed of the accusation before being brought before a judge and before being arrested. This obligation to inform underscores the state's proactive role in guaranteeing the individual's ability to defend themselves.

2. Right to Be Informed of Their Rights (Right to Information)

From the moment of arrest, the arrested person must be immediately and fully informed of all their legal rights. This information should, if possible, be provided in writing. If a written notification is not possible, it should be done verbally, immediately, and in a language and manner the person understands. This right is an inseparable part of a fair trial process and a prerequisite for the individual to effectively exercise their right to defense. Timely and accurate notification of rights enables the individual to understand their position in the legal process and to protect themselves against potential rights violations.

3. Right to Access Evidence

An arrested person has the right to access all evidence and proofs gathered against them to effectively exercise their right to defense. This right is extremely important for them to deny unjustified accusations, use evidence in their favor in their defense, and determine their general defense strategies.

• Confidentiality of Investigation and Counsel's Authority to Examine the File (CPC Article 153): As a rule, criminal investigation proceedings are conducted in confidence. This principle of confidentiality, while preventing the risk of evidence tampering, also safeguards the individual's right to reputation. However, this confidentiality is not absolute and cannot lead to restrictions on the right to defense. The counsel (lawyer) may examine the contents of the file during the investigation phase and obtain copies of desired documents without charge.
• Restrictions: If the public prosecutor believes that the investigation's purpose will be jeopardized, they may, by a judge's decision, restrict the counsel's authority to examine the file in investigations related to certain cataloged offenses listed in CPC Article 153/2. This restriction aims to eliminate risks such as evidence tampering or pressure on witnesses.
• Exceptions to Restrictions: However, even this restriction is not absolute. Records containing the statement of the arrested person or suspect, expert reports, and records related to other judicial proceedings where the arrested person/suspect is authorized to be present are exempt from this restriction. Access to these documents is an absolute right, inherent in the right to defense, and cannot be obstructed.
• After Indictment Acceptance: After the investigation is completed and the indictment is accepted by the court, the counsel may examine the entire contents of the file and the preserved evidence; they may also obtain copies of all records and documents without charge. At this stage, as the importance of the principle of investigation confidentiality diminishes, the right to defense is recognized more broadly. The representative of the victim also benefits from these rights. This balance between investigation confidentiality and the right to access evidence is critically important for ensuring the principle of "equality of arms" in criminal procedure.

4. Right to Avail Legal Assistance (Choice of Counsel and Compulsory Counsel)

The suspect or accused has the right to avail the assistance of one or more counsel (lawyers) at every stage of the investigation and prosecution. The person can choose their own counsel; if they declare that they are unable to choose counsel, a counsel will be appointed for them upon request.

Cases of Compulsory Counsel (CPC Article 150/2-3): In Turkish law, in some situations, it is mandatory to appoint counsel for the suspect or accused without their request. These situations are important safeguards brought to ensure the full protection of the individual's right to defense:

• If the suspect or accused without counsel is a child (under 18 years old), severely disabled to the extent they cannot defend themselves, or deaf and mute, counsel shall be appointed without their request.
• In investigations and prosecutions for offenses whose lower limit requires a prison sentence of more than five years, counsel shall also be appointed without request. Examples of such offenses include establishing an organization to commit a crime, intentional homicide, organ or tissue trafficking, sexual assault, sexual abuse of children, and drug or stimulant trafficking offenses.
• When an arrest is requested, the suspect or accused shall benefit from the assistance of counsel of their choice or counsel appointed by the bar; an arrest warrant should not be issued without the presence of counsel. This ensures that a serious restriction of liberty, such as arrest, can only occur with legal assistance.
• In cases of observation, compulsory counsel is also applicable.
• If the person is not released at the end of the detention period, counsel must be present when they are brought before the Magistrate Judge and interrogated.
• A lawyer's right to meet with the suspect or accused, to be present during statement taking or interrogation, and to provide legal assistance cannot be prevented or restricted. Meetings with a lawyer are not subject to supervision. The concept of compulsory counsel demonstrates the state's commitment to guaranteeing the right to a fair trial by recognizing situations where individuals cannot make an effective defense on their own or when they face serious charges.

5. Right to Silence

The right to silence is a fundamental human right that allows individuals to refrain from making self-incriminating statements during criminal investigations and prosecutions. This right is guaranteed by Article 38, paragraph 5 of the Constitution and Article 147, paragraph 1, subparagraph (c) of the CPC. It is also protected under Article 6 of the European Convention on Human Rights.

After the offense charged to the suspect is explained, they must be clearly informed of their right to silence. This information should be reminded to the person at the time of apprehension and detention, before their statement begins.

The right to silence includes the guarantees that a person cannot be compelled to incriminate themselves, cannot be forced to provide evidence against themselves, and cannot be forced to give a statement. This is one of the most important guarantees preventing an individual from being convicted based on their own statement.

The right to silence does not cover a person's identity information; failing to provide identity information is an administrative offense, while providing false identity information is a crime. However, there is no obligation to answer questions other than identity information.

Exercising the right to silence does not create a presumption that the person is guilty and should not be used for or against the individual. No adverse inference can be drawn against them, they cannot be punished for exercising their right to defense, or deprived of rights such as reduced penalties. This clearly shows that the law places the burden of proof entirely on the prosecution and that an individual cannot be compelled to produce evidence against themselves. The strong protection of the right to silence is a fundamental guarantee of the right to a fair trial.

6. Right to Request Release on Bail (Guarantee)

It is possible for the suspect or accused to be released upon payment of a guarantee (bail) amount, either in lieu of arrest or after being arrested. This is one of the judicial control measures regulated in the Criminal Procedure Code and can be applied if there is strong suspicion of crime and a reason for arrest. Bail, as an alternative to arrest, the most severe form of deprivation of liberty, allows the purpose of the trial to be achieved through a less restrictive method.

• Purpose of the Guarantee Amount: The guarantee amount aims to secure the suspect or accused's participation in all procedural actions during the trial (e.g., interrogations or hearings), the execution of the judgment rendered against them, and also to ensure the payment of specified expenses such as those incurred by the claimant, damages arising from the crime, alimony debts, public expenses, and fines. This shows that bail not only ensures the person's appearance in court but also secures financial obligations arising for victims of the crime and the public.
• Competent Authorities: In the investigation phase, the decision to release on bail belongs to the Magistrate Judge. In the prosecution phase, this decision can be made by the criminal court presiding over the case. Upon objection to the decision, the court reviewing the objection may also decide that a guarantee amount should be deposited.
• Payment Location and Refund: The determined guarantee amount is deposited with the treasury, and the receipt must be submitted to the relevant unit within five days after payment. Upon a decision of non-prosecution or acquittal, the guarantee amount is returned to the suspect. Since this process involves complex stages requiring legal assistance, lawyer support is of critical importance.

7. Right to Meet with Relatives

The right of an arrested person to communicate with their family and relatives is considered a fundamental human right and is of great importance for their psychological well-being. The arrested person has the right to inform their relatives of their situation. Notification to the person specified by the suspect is sufficient; if no name is specified, a relative is informed of the situation. If the person is a foreign national, unless they object in writing, the Public Prosecutor's Office must inform the consulate of their country of nationality of their arrest.

Convicted prisoners and detainees can have open visits with their parents, spouse, children, and grandchildren once a month. Visiting days are determined by the penal institution. Open visits are conducted between 09:00 and 17:00, not exceeding one hour. The right to open visits is also granted on religious and national holidays and special occasions.

Persons who can visit include blood and in-law relatives, guardians, or trustees. Additionally, there is a right to declare a certain number of additional visitors. Conversations during visits are primarily in Turkish; however, if the detainee or their relative does not know Turkish, communication in another language is permitted, and the conversation is recorded. This demonstrates sensitivity to cultural and linguistic diversity while also aiming to address security concerns.

Restrictions: During the investigation phase, the public prosecutor, and during the prosecution phase, the judge or court, may prohibit or impose restrictions on a detainee's reception of visitors for the sake of the investigation or case. However, these restrictions do not include lawyer-client meetings. Meetings with a lawyer are not subject to supervision and must take place in an environment where conversations cannot be overheard by others. This situation shows the importance given to protecting the confidentiality and effectiveness of the right to defense.

8. Rights Regarding Conditions in Detention Facilities

Persons held in detention facilities, despite being deprived of their liberty, have rights to housing and living conditions appropriate to human dignity. These rights are protected by international human rights standards and national legislation.

• Conditions Appropriate to Human Dignity: It is essential that the place and conditions of execution are in accordance with human dignity. Holding convicts and detainees in conditions that are contrary to human dignity or are ill-treatment is against the purpose of their rehabilitation or reintegration into society. In this context, they have the right not to be housed in overcrowded wards and not to be placed in solitary cells unless conditions warrant it. The physical conditions of living quarters, such as heating, lighting, and ventilation, must be arranged in accordance with international standards.
• Right to Health: Detainees and convicts have the right to access health services. Prison authorities are obliged to provide appropriate food, taking into account the special dietary needs of detainees/convicts (religious beliefs, health problems, etc.). The situation of elderly detainees or those with health problems may be specifically evaluated during the period of detention or the execution of the sentence.
• Right to Nutrition: Everyone has the right to easy and sustainable access to sufficient, safe, and healthy food. This right is directly related to the right to health and also applies to detainees.
• Right to Education: Detainees have the right to education and can benefit from libraries in penal institutions. They can request assistance from the education service for any problems.
• Right to Access Periodical and Non-Periodical Publications: They have the right to read all kinds of books, magazines, and newspapers that do not jeopardize institutional security, do not contain obscene news, writings, photographs, and comments, and have not been prohibited by a court order. Textbooks of convicts continuing their education are not subject to censorship.
• Other Rights: Detainees also have communication rights such as communicating by phone, receiving visitors, and sending and receiving letters, faxes, and telegrams. Furthermore, they have the right to report human rights violations or complaints to official authorities; these reports cannot be read or subject to supervision by institutional staff. In accordance with Article 18 of the Constitution, no one can be forced to work, and forced labor is prohibited; this principle also applies to detainees. The detailed regulation of these rights emphasizes the state's responsibility to protect the fundamental human rights of persons deprived of liberty and to promote their reintegration into society.

9. Conclusion

The rights of an arrested person to be informed, to access evidence, to avail legal assistance, to remain silent, to be released on bail, to meet with relatives, and to humane conditions in detention facilities are fundamental rights guaranteed by the Constitution and international conventions. Especially the cases of compulsory counsel and the right to confidential meetings with a lawyer are critical elements that enhance the effectiveness of the right to defense and strengthen the individual's position against the state.

The effective exercise of these rights is possible not only through the existence of legal regulations but also through determination in practice and the functionality of oversight mechanisms. Violations experienced in practice lead to the application of the arrest measure contrary to the principle of proportionality and the impairment of individuals' right to seek legal remedies. Therefore, it is a requirement of the rule of law for both law enforcement agencies and judicial authorities to adopt a rights and freedom-oriented approach in arrest processes.