Compensation Claims Arising from Protective Measures in Criminal Proceedings

This article is an English translation of the Turkish original published by the office.

Protective measures are temporary and exceptional legal tools intended to ensure that criminal proceedings function properly and the material truth is reached. However, their arbitrary, disproportionate and unjust use seriously interferes with fundamental rights and freedoms and causes harm that is hard to remedy, particularly after decisions of acquittal or non-prosecution. In this article we examine claims for pecuniary and non-pecuniary damages that may be brought because of unjustly applied protective measures.

When can compensation be claimed?

The situations in which compensation may be claimed are set out in Article 141 of the Code of Criminal Procedure No. 5271. During a criminal investigation or prosecution, persons who:

• (a) are arrested, detained, or kept in detention outside the conditions laid down by law;
• (b) are not brought before a judge within the legal custody period;
• (c) are detained without being reminded of their legal rights, or without their request to benefit from those rights being met;
• (d) although lawfully detained, are not brought before the court within a reasonable time and no judgment is given within that time;
• (e) after lawful arrest or detention, receive a decision of non-prosecution or acquittal;
• (f) are convicted but have spent longer in custody and detention than their sentence, or are necessarily sentenced only to a fine because the law provides only a fine for the offence;
• (g) are not informed, in writing or — where not immediately possible — orally, of the reasons for their arrest or detention and the accusations against them;
• (h) whose relatives are not notified of their arrest or detention;
• (i) are subjected to a disproportionate search;
• (j) whose belongings or assets are seized without the necessary conditions, are not protected, are used for other purposes or are not returned in time;
• (k) are not allowed to use the remedies provided by law against arrest, judicial control or detention;
• (l) receive a decision of non-prosecution or acquittal after judicial control obligations such as not leaving their home, or undergoing treatment or examination, including hospitalisation for addiction,

may claim all their pecuniary and non-pecuniary damages from the State. As seen above, twelve sub-paragraphs describe in detail how such claims may arise.

Where, how and when to claim

Article 142 of the Code regulates where, how and within what time compensation is claimed:

• The claim may be made within three months of notification that the decision or judgment has become final, and in any event within one year of the date it became final.
• It is decided by the assize court of the place where the claimant resides; if that court is connected with the act complained of and there is no other assize chamber there, by the nearest assize court. Claims under sub-paragraphs (e), (f) and (l) of Article 141 are, however, subject to Law No. 6384 on the Compensation Commission; such claims filed with the assize court are sent to the Commission, using the filing date at the court.
• The petition must state the claimant’s identity and address, the act causing the damage and the nature and amount of the damage, with supporting documents. If information is insufficient, the court gives one month to remedy it, failing which the petition is rejected, subject to objection.
• The court serves the petition on the representative of the State Treasury, who may respond within two weeks; the court may carry out any investigation it considers necessary and decides after a hearing.
• The claimant, the public prosecutor or the Treasury representative may appeal (istinaf); the regional court’s decision is final.
• Attorney’s fees are awarded proportionally under the minimum fee schedule, within limits. Compensation judgments cannot be enforced before they become final and the administrative application process is completed; final awards are paid within thirty days of the claimant notifying a bank account to the administration, failing which they are enforced under general rules.

What is the Compensation Commission?

The Compensation Commission established under Law No. 6384 within the Ministry of Justice is an administrative body that aims to compensate, through an administrative route, damage caused by unjust protective measures. It examines non-pecuniary damage claims alleging that criminal, civil or administrative proceedings were not concluded within a reasonable time, and claims under Article 142(2) of the Code of Criminal Procedure for damage caused by protective measures. Under Article 142(2), the Commission handles the claims of persons who:

• received a decision of non-prosecution or acquittal after lawful arrest or detention;
• were convicted but spent longer in custody and detention than their sentence, or were necessarily sentenced only to a fine;
• received a decision of non-prosecution or acquittal after judicial control obligations such as house restriction or treatment measures.

In other cases, the assize courts are competent.

How much compensation is paid for unjust detention?

In its decision of 17 February 2026 in M.K. and Others (Application No. 2021/11093), the Constitutional Court set out the minimum, average and maximum amounts of non-pecuniary compensation to be awarded for unjust detention for each year from 2016 to 2026. Courts award an amount within the range applicable on the date of their decision. For 2026: a minimum of TRY 5,000 for one day in police custody and, for detention depending on its length, a minimum of TRY 250,000, an average of TRY 660,000 and a maximum of TRY 1,650,000. The table published by the Court is as follows:

Year	One day in custody (minimum)	Detention: minimum / average / maximum
2016	TRY 300	TRY 15,000 / 40,000 / 100,000
2017	TRY 360	TRY 18,000 / 48,000 / 120,000
2018	TRY 400	TRY 20,000 / 54,000 / 135,000
2019	TRY 600	TRY 29,700 / 79,200 / 198,000
2020–2021	TRY 600	TRY 30,000 / 80,000 / 200,000
2022	TRY 1,350	TRY 67,500 / 180,000 / 450,000
2023	TRY 1,800	TRY 90,000 / 240,000 / 600,000
2024	TRY 2,970	TRY 148,500 / 396,000 / 990,000
2025	TRY 3,330	TRY 166,500 / 444,000 / 1,110,000
2026	TRY 5,000	TRY 250,000 / 660,000 / 1,650,000

The courts must award an amount within these ranges according to the circumstances and the length of detention. Importantly, the court uses the range for the year in which it decides, not the year of detention. For example, if a person was detained in 2018 and compensation is decided in 2022, the 2022 range applies. Any other approach would be unthinkable: imagine someone detained for nine or ten months at the beginning of 2016 whose trial ends ten years later — awarding TRY 40,000–50,000 in 2026 would have no real compensatory value. The Constitutional Court stated this expressly; anything else would violate constitutional rights.

The table applies to non-pecuniary damages, which cannot be proven with concrete data and are left to the judge’s discretion; the Constitutional Court therefore introduced a standard. Pecuniary damages are calculated on the specific facts: for an employee, lost wages can be computed; even for someone not working, a calculation is made on the minimum wage; for a business owner, losses can be assessed according to the profitability of the companies.

Can compensation be obtained for a travel ban?

The most frequently applied form of judicial control in Türkiye is a ban on travelling abroad. A travel ban is not among the measures listed in Article 141 for which compensation may be claimed. This does not mean, however, that a person subjected to an unjust travel ban cannot obtain compensation — that conclusion would be wrong. The Constitutional Court has awarded compensation in such cases. The answer to the question is therefore: yes, compensation can be obtained for a travel ban.

For example, in Müslüm Doğan (Application No. 2020/14764, 2 May 2024), the Court found a violation of the right to respect for private and family life and awarded TRY 30,000 in non-pecuniary damages, holding that the authorities had rejected the applicant’s requests without relevant and sufficient reasoning, had continued the measure even after his acquittal, had failed to strike a fair balance between the public interest and the applicant’s interests, had not considered alternative measures, and that a travel ban lasting about a year was not compatible with the requirements of a democratic society and the principle of proportionality.

In Hasan Hüseyin Güney (Application No. 2019/32372, 23 May 2023), the Court likewise found a violation of the right to respect for private and family life and awarded TRY 25,000. In Kaan Bozgül and Mehmet Velat İnci (Application No. 2022/39494, 18 July 2024), it held that a travel ban had violated the right to education of the applicants, who were university students, and awarded each of them TRY 30,000.

So although the Code of Criminal Procedure appears to provide no direct remedy for an unjust travel ban, compensation can be obtained through an individual application to the Constitutional Court in light of these decisions.

Protective measures are among the heaviest forms of legal interference. Their arbitrary use damages not only individuals but also the foundations of the rule of law. Effective use of compensation law allows such harm to be remedied at least in part. As explained above, the remedies against unjust protective measures require care and prompt action because of their deadlines; anyone who believes they have been subjected to an unjust protective measure should seek help from an experienced lawyer.

Türker Law Office provides legal representation and advice on pecuniary and non-pecuniary compensation claims arising from arrest, custody, detention, judicial control, search, seizure and other protective measures alleged to be unjust or disproportionate, and on the related proceedings before the assize courts, the Compensation Commission and the Constitutional Court.