What procedures begin after the death of a foreign tourist in Türkiye?
Natural death, accident and suspicious death
A death from natural illness, and a death resulting from a traffic accident, hotel fire, pool accident, diving accident, poisoning or assault, may not be subject to the same procedure. Where the death has a forensic dimension, the prosecutor's office and the law enforcement process come into play. In the first report made immediately after the event, the assumption of a natural death must not lead to the loss of evidence.
Medical determination of death and the death certificate
The death certificate is issued by the competent health authority or the relevant official authorities. The way a death is documented may differ between a death in a hospital, in a hotel room and in a public place. A death certificate is not a final expert report containing all of the prosecutor's findings on how the event occurred. In a forensic death, the decision on an autopsy, the investigation and the release of the body require a separate judicial process.
Notifying relatives and the consulate
Notifying the embassy or consulate of the state the foreign tourist represents is important for identity, citizenship, contact with the family, the recognition of official documents by the authorities of that country and the transport procedure. Which documents that country requires depends on the practice of the consulate. The permission of the Turkish authorities may not, by itself, satisfy the entry and burial conditions of the foreign country.
Prosecutor's office and autopsy procedures in a forensic death
Securing the scene and the evidence
In a claim involving a hotel fire, a sea accident, rafting, a transport accident or medical delay, scene photographs, camera footage, maintenance logs, staff rosters, equipment and emergency call records are important in the first hours. The investigating authorities may take the measures needed to preserve the evidence. Relatives should not weaken the evidentiary value of items or equipment at the scene by altering them without permission.
Forensic examination, autopsy and toxicology
If the cause of death is unclear, or if an accident or a crime is suspected, a forensic examination and an autopsy may be ordered. Toxicological analysis, examination of organs, comparison of medical records or laboratory analysis of samples may be required. The clinical cause of death and the legal ground of liability are not the same concept: that the death was a cardiac arrest does not, by itself, explain the earlier causal chain of negligence, poisoning or injury.
Can the remains be transported before the autopsy report is issued?
The release of the remains, or their dispatch abroad, may depend on the completion of the examination or autopsy and the prosecutor's permissions required by the judicial investigation, and of the related health and transport procedures. The finalisation of the report and the physical release of the remains may not be subject to the same timing. A generalisation such as in every forensic death the remains can never be released until the whole report is finished or in every case they are released immediately is not correct.
Rights of relatives in the investigation
Under CMK Article 234 and the related procedural provisions, persons harmed by a crime may have rights to apply and to obtain information. The confidentiality of the investigation and limits on access to the file are taken into account. It is important for relatives to submit proof of their capacity, their power of attorney and documents showing their family relationship, and to obtain interpreter support and the assistance of counsel where necessary.
CMK Articles 86–89 in a forensic death: participation of relatives and securing evidence
CMK Article 86 regulates the procedure for the examination of a dead body and Article 87 that for the autopsy; Article 89 is also important for the technical examinations to be carried out where poisoning is suspected. In a suspicious death, the scene, the forensic examination, the autopsy, toxicology samples, the prosecutor's instruction and the release of the remains are complementary but separate procedures. It cannot be said that every procedure is mandatory in the same way in every case of death. Under CMK Article 234, relatives may exercise their rights concerning the progress of the investigation, requests for evidence and, subject to the statutory conditions, inspection of the file. Where necessary, interpretation and representation are arranged. The removal of the remains from the country should not make it unnecessary to examine forensic samples and records at a later stage.
Repatriation of the remains from Türkiye to a foreign country
There is no single universal list of documents for transport
Once the death certificate and the judicial release procedures in Türkiye are complete, the documents required for the destination country, the carrier and the mode of transport must be identified. The permits and documents for transporting a body, the coffin and preservation requirements, health or customs procedures, transport documents and the identity and translation documents requested by the consulate may vary from country to country.
Related article: Funeral Procedures for Foreign Nationals in Türkiye: Burial, Repatriation and Required Documents.
Health and transport conditions
If the death is connected with a contagious disease, the transport conditions may also change. In international air transport, the preservation and packaging requirements accepted by the airline or cargo service are examined. In particular, taking a body out of Türkiye is not the same procedure as bringing a body into Türkiye from abroad; the direction of travel must not be confused.
Regulation on Funeral Transport, Articles 34–36: permit, distinction between countries and health conditions
Under Article 34 of the Regulation on the Construction of Cemeteries and on Funeral Transport and Burial Procedures (Mezarlık Yerlerinin İnşaası ile Cenaze Nakil ve Defin İşlemleri Hakkında Yönetmelik), for the transport of a body abroad by sea, air or rail, the funeral road permit and funeral transit permit are handled in coordination with the health procedures of the competent General Directorate of Border and Coastal Health at the place of transport. Article 35 distinguishes between countries with which there is an agreement, for which a transit permit and an official document stating that the transport poses no medical or legal objection are required, and countries without an agreement, for which the special document requirements of the destination country apply. Article 36 provides for a one-year transport ban in the case of certain contagious diseases listed in the article. This restriction cannot be extended to every contagious disease; the cause of death and the health rules in force on the day of the event are checked. As regards the coffin, Article 28 of the Regulation and the transport rules of the airline and the country of arrival must also be assessed. Consular, prosecutorial and health permits are not a single document that replaces the others.
Consular certification, translation and apostille
For documents such as the death certificate, the civil registry record and proof of family relationship and powers of attorney to be used in a foreign country, sworn translation, apostille, consular certification or the international multilingual document regime may come into play. It cannot be assumed that every country requires an apostille for every document, or that an apostille is sufficient for every document; the relevant treaty and the acceptance conditions of the receiving authority are researched.
Documenting funeral expenses
The costs of transporting and preserving the remains, the burial, procedures in a country where cremation is possible, flights or cargo, and the compulsory costs of an accompanying relative must be documented with invoices, receipts and payment records. That a funeral expense claimed under TBK Article 53 must be appropriate and connected with the event does not mean that every luxury or discretionary expense will be compensated automatically.
Persons who may be liable for the death
Hotel operator, travel agency and tour organiser
The death may have resulted from accommodation services not being provided safely, from equipment controlled by the hotel, from an inadequate evacuation arrangement or from the act of staff. The liability of the agency that sold the tour is determined separately, according to its contractual organising role and the package tour provisions. That the hotel merely provided the place of the event, or that the agency merely acted as an intermediary, does not always lead to the same legal result.
Carrier, vehicle operator and insurer
In a transfer or traffic accident, the liability of the driver, the vehicle operator, the compulsory traffic insurer and, where applicable, the carrier may rest on different provisions. The type of policy and the limit on the date of the event, the right of direct claim and the application procedure must be determined. Compulsory traffic insurance and the hotel's general liability insurance do not replace one another.
Doctor and healthcare institution
Where a guest falls ill at a hotel and a delay in referral is alleged, the duties of the hotel doctor, an independent healthcare company, the public 112 emergency service and the hospital are distinguished from one another. That the hotel doctor responded to the call does not, by itself, prove that the necessary medical organisation was provided; nor does a poor health outcome, by itself, prove medical fault.
Related article: Patient Death in Health Tourism: Autopsy, Investigation, Transport of the Remains Abroad and the Rights of Relatives.
Act of a third party and the victim's own conduct
An assault by another tourist, the act of an outsider or the victim's own carelessness may affect the causes of the event. The fault of the injured party under TBK Article 52 and appropriate causation must be assessed together with the business's independent security obligations.
Which pecuniary compensation can relatives claim?
TBK Article 53: funeral expenses, loss before death and loss of support
In the event of death, appropriate funeral expenses, treatment costs before death if death did not occur immediately, losses arising from the loss of working capacity, and the pecuniary losses of those deprived of support are separate heads of loss. The creditor and the ground of claim for each head must not be accepted as they stand.
Related article: Compensation in Fatal Traffic Accidents: Loss of Support and the Rights of Relatives.
Loss of support does not depend solely on an inheritance share
Loss of support is assessed not as a right that passes by inheritance but as an independent loss arising from the disappearance, because of the death of the supporter, of support that would actually have been received or reasonably expected in the future. The support relationship, the economic situation, the continuity of assistance, age and the probable duration of support are taken into account. Being a statutory heir and actually being deprived of support are not the same condition.
Spouse, children, parents and other relatives
For spouses and children, the nature of the support relationship; for parents, the probable support and social and economic data; and for other persons, actual support and reasonable future expectation are assessed separately. The share of support, the life table and the earnings calculation require an expert examination.
How is the income of a supporter living in a foreign country determined?
The country in which the supporter lived and worked, the occupation, net pay and social security status are important. It is not correct to adopt the Turkish minimum wage automatically for every tourist living in a foreign country. Employment records, tax returns, employment contracts, bank payments and, where necessary, the official statistics of the country are assessed.
Payment of funeral and travel expenses in foreign currency
It may be documented that the expenses were incurred in foreign currency. However, the fact that an invoice is in foreign currency does not mean that the judgment will in every case be rendered in the same currency. The applicable law, the relief sought, the currency of the debt, the actual loss and the interest regime must be examined separately.
Who is entitled to non-pecuniary compensation?
Non-pecuniary damage of relatives under TBK Article 56
As a result of a death, the relatives of the deceased may claim non-pecuniary compensation. The degree of kinship, the intensity of the actual relationship, the nature of the event and the question of fault are assessed. The same amount cannot be assumed automatically for every relative.
Loss of support and non-pecuniary compensation are different
Pecuniary loss of support is the compensation of economic assistance that has been lost. Non-pecuniary compensation, on the other hand, relates to the effect of the death on personality rights. That a person has no right to compensation for loss of support does not mean that, depending on the circumstances of the event, there is no claim for non-pecuniary compensation either.
Can compensation be claimed while the criminal investigation is pending?
A criminal investigation may help on fault, the cause of death and the evidence. However, it is not necessary in every case to wait for the sentence to become final in order to protect rights. Criminal and compensation time limits and the competent courts must be tracked separately.
How Court of Cassation case law affects a concrete case
Death of a foreign guest in a hotel fire: Court of Cassation 13th Civil Chamber, 09.07.2013
The decision E.2012/22415, K.2013/19186 concerned the pecuniary and non-pecuniary compensation claims of the spouse and child of a foreign guest who lost his life in a hotel fire. The Court of Cassation (Yargıtay) quashed the judgment on the ground that the relationship arising from the accommodation service had to be examined from the standpoint of the jurisdiction of the consumer court. This decision does not conclusively settle on the merits all of the fault and compensation items of the defendant business; its principal effect lies in the allocation of jurisdiction.
Death of a tourist who fell into a hotel technical area: Court of Cassation 3rd Civil Chamber, 14.12.2023
In the decision E.2023/2078, K.2023/3741, the unsafe condition of the technical area and the conduct of the deceased were assessed together. In the report obtained anew, the shares of fault of the business and of the deceased were determined separately, and after the quashing the judgment was upheld. This decision shows that, in a death, the business's structural duty of safety and the victim's fault must be proved separately; the same fault ratio cannot be applied to every hotel accident.
Loss of support of a family living in Russia: Court of Cassation 4th Civil Chamber, 29.11.2023
In the decision E.2022/1528, K.2023/12795, the claim for loss of support brought by parents because of a child who lived in Russia and died in a tourism-related transport accident in Türkiye was examined. The Chamber set out the findings of the earlier quashing decision on researching probable income in the foreign country and the shares of support, and after the quashing it upheld the judgment. This decision is important in that the living conditions abroad must not be disregarded in the income calculation. However, assumptions specific to support from a child cannot be carried over automatically to every death.
Accident of a vehicle carrying tourists: Court of Cassation 11th Civil Chamber, 12.02.2010
The decision E.2009/14260, K.2010/1607 concerns a transport accident that injured and killed passengers who had come to Türkiye on a tour. The stage examined is the rejection of the request for rectification of the decision directed against the earlier quashing judgment. It has only limited supporting value for investigating the concrete roles of the vehicle operator and the tour organiser.
Private international law: Turkish court, foreign country and applicable law
MÖHUK Article 34: the basic connecting rule in tort
The country in which the act and the loss occurred, the more closely connected law and the possibility of an express choice of law after the event are examined under Article 34. Although the fact that the death occurred in Türkiye will in most cases bring Turkish law into play, an international convention or a special connecting rule must be researched before any result is reached automatically.
MÖHUK Article 26 and the package tour distinction
A package tour contract may have been concluded in a foreign country and performed in Türkiye. MÖHUK Article 26 gives special protection to certain relationships concluded with the consumer's habitual residence; Article 26/4 contains exceptions for contracts of carriage and for contracts for services that must be provided in a country other than the consumer's own, excluding package tours. The contract, tort and insurance relationships may be connected to different laws.
International jurisdiction of Turkish courts and security
MÖHUK Article 40 and the following articles cover procedural jurisdiction and the applicable special jurisdiction rules, and Article 48 covers security for costs from a foreign claimant. The international conventions to which Türkiye is a party and the reciprocity exemption must be checked. That foreign families have no habitual residence in Türkiye does not mean that not all actions can be brought in Türkiye.
A certificate of inheritance must not be confused with the relatives' right to compensation
Succession and estate procedures are a different legal regime. A relative who claims loss of support or non-pecuniary compensation because of the death may need to submit, in addition to a certificate of inheritance, evidence of his or her own loss and relationship. MÖHUK Article 20 and the related provisions may apply to an inheritance dispute; the connecting rule for compensation may not be the same.
Article 55 of the TBK after 31 July 2026: interest and set-off
The statutory amendment
The provisions added to TBK Article 55 by Law No. 7589 distinguish, for the purpose of when interest starts, between the periods for which earnings are known and those for which they cannot be known in respect of loss of working capacity and loss of support. A proportional set-off regime has also been introduced for certain payments made for the purpose of performance until the investigation phase begins.
Transitional law
Under the express provision of the transitional article of Law No. 7589, the amendment applies to the relevant loss-causing events occurring after 31 July 2026. For earlier accidents, the new interest and set-off provisions cannot be applied automatically merely because the case is heard after 2026. The type of compensation calculated, the date of the event and the nature of the payment made must be checked separately.
The start of interest and the interest rate are not the same legal question
The amendment to TBK Article 55 by Law No. 7589 regulates, only for the loss of working capacity and loss of support within its scope, the start of interest by reference to the periods in which earnings are known or unknown, and the set-off of certain advance payments. By contrast, Law No. 3095 concerns separate matters such as the statutory interest rate to be applied and interest on foreign-currency debts. In the claim, the start of interest, the currency, the type of interest and the period must be justified independently of one another.
Article 1 of Law No. 3095: variable statutory interest from 31 July 2026
Article 1 of Law No. 3095, as amended by Article 10 of Law No. 7589, takes as its basis, for statutory interest not fixed by contract, 80% of the rediscount rate of the Central Bank of the Republic of Türkiye (TCMB) for short-term credit transactions on 31 December of the previous year. If the 30 June rate differs from the previous 31 December rate by five points or more, 80% of the 30 June rate applies for the second half of the year. The interest rate is not fixed and is not the same for all years; it must be calculated with the relevant date range and the provisions on entry into force and transition. The percentages here are not the current interest rate to be applied in a concrete case but the statutory method of calculation.
Article 4/a of Law No. 3095 for foreign-currency claims and the currency of the judgment
Whether compensation can be claimed and awarded in a foreign currency is determined separately, according to the head of loss, the nature of the debt, the applicable law and the relief sought. Article 4/a of Law No. 3095 provides that, for a claim characterised as a foreign-currency debt, unless the contract provides for higher interest, the basis is the highest interest rate that state banks pay on one-year deposits opened in that currency. That a foreign invoice is issued in euros does not, by itself, show that the compensation to be awarded will be in euros. First the currency of the claim, and then the interest regime applicable to it, must be determined.
How should documents be kept after a death?
Event, forensic and medical records
The death certificate, any autopsy and toxicology reports, the prosecutor's file number, the forensic examination, hospital documents, and camera and equipment records: the file identity and the dates of all of these must be preserved.
Documents on the family relationship and the support relationship
Marriage, birth, family or kinship records; and documents proving joint life abroad, income, care and support payments and the actual relationship must be prepared. The translation into Turkish and the appropriate official certification requirements are assessed according to the file.
Insurance and transport documents
Travel insurance, the liability policy of the tour organiser or the business, transport or vehicle insurance, the transport invoice, entry or cargo documents for the country and burial documents must be collected together. The effects of duplicate recovery or set-off of different payments received for the same loss must be calculated explicitly.
Limitation periods, competent court and filing strategy
Limitation is not a single period
TBK Article 72 regulates the start and the maximum periods for tort. The periods for claims arising from contract, for an insurance application and for the criminal investigation may differ. That a person is a foreign national, or is occupied with the transport of the remains, does not by itself suspend the statutory periods.
The criminal file, the compensation claim and the insurance application should be planned together
Coordination is needed among the prosecutor's preservation of evidence, evidence preservation under HMK Article 400 where necessary, notice to the insurer under the policy, the compensation notice and the review of mediation and jurisdiction. It should not be assumed that one application automatically affects another.
One-time increase of the claim, partial action and limitation in a compensation action after 2026
Repeal of HMK Article 107 and protection of actions filed earlier
Article 19 of Law No. 7589 repealed HMK Article 107, which regulated the action for an indeterminate claim, with effect from 31 July 2026. However, paragraph ten of transitional Article 1 of the Law expressly provides that the repealed Article 107 continues to apply to actions filed before its repeal. An earlier action for an indeterminate claim therefore cannot be treated as invalid merely because the provision was later repealed. The legal characterisation of new actions and the increase of the claim in pending files must be determined by assessing the filing date together with the transitional provision.
HMK Article 109/4: a one-time increase of the claim in a partial action
The fourth paragraph added to HMK Article 109 by Article 20 of Law No. 7589 provides that, where part of a claim is sued on, the subject matter of the claim may be increased once only in the same action, until the end of the investigation phase, without being subject to the prohibition on extending the claim. The Law provides that, for the part increased in this way, limitation is deemed interrupted from the date of the action. The scope and timing of the increase, and its relationship with court fees and the relief sought, must be reviewed separately in the concrete file; unlimited or repeated increases cannot be made on the basis of the same rule.
Limitation, type of action and head of compensation must be examined together
For tort, TBK Article 72 must be kept separate from the specific or general periods applicable to claims arising from a contract or an insurance relationship. The new HMK Article 109/4 is not a provision that generally extends all limitation periods. For pecuniary and non-pecuniary compensation, treatment and incapacity for work, loss of support, insurance claims and the different claims to be directed against the other side, the type of action, the relief sought and the calculation of time limits must be set up together. A criminal investigation, evidence preservation or a request for a meeting does not by itself suspend the statutory periods.
Conclusion
For the relatives of a foreign tourist who dies on holiday in Türkiye, the repatriation of the remains and the building of the compensation file are two separate and simultaneous processes. The death certificate and the consular documents shed light on the funeral procedures; the prosecutor's office, the autopsy and the technical records on the cause of death; and income, family relationship, support and insurance data on the scope of the compensation. The strongest legal preparation is to preserve the evidence from the first day, not to confuse the judicial and administrative processes, to document the relatives' independent losses and to place the foreign-country connection correctly in the calculation.
Frequently Asked Questions
Does the death of a foreign tourist require an autopsy in every case?
No. The forensic aspect of the death, its circumstances and the assessment of the competent authority are decisive.
Is a death certificate alone enough to send the remains abroad?
In most cases it is not. The judicial release, the health and transport conditions and the document requirements of the destination country are researched together.
Does the consulate of the foreign country bring a compensation action in Türkiye on behalf of the family?
The role of the consulate varies according to the legislation of the country and the procedure; the family's private-law representation and litigation processes must be arranged separately.
Can the costs of transporting the remains fall within compensation?
Appropriate expenses connected with the concrete event may be claimed under TBK Article 53; not all expenses are accepted automatically.
Does every heir receive compensation for loss of support?
No. Loss of support is a loss separate from the inheritance share and depends on a support relationship.
Can the tourist's income in Russia or Germany be taken into account?
Yes. The country in which the person lived and his or her actual earnings, or a reasonable expectation of earnings, can be taken into account in the calculation with appropriate documents.
Which court can the family of a foreign tourist who died in a hotel fire apply to?
That the relationship arises from an accommodation service may bring consumer jurisdiction into play; the concrete relationship between the parties, the date of the event and the foreign element are examined separately.
Is it necessary to wait for a criminal judgment before bringing a compensation action?
Not in every case. The processes are planned together according to the state of the evidence and the risk as to time limits.
Can the judicial file be followed after the remains have been sent from Türkiye?
Yes. With a properly issued power of attorney and documents of family relationship, the file can be followed in Türkiye.
Do the new interest provisions of 2026 also apply to earlier accidents?
No. The transitional provision of Law No. 7589 distinguishes according to the date of the event.
Which permits are required to transport the remains abroad after an autopsy?
In a forensic death, in addition to the prosecutor's procedures for the release of the remains, the road and transit permits under Articles 34–35 of the Regulation on Funeral Transport and Burial Procedures, the transport conditions and the documents of the destination country are examined together.
Does a permit for the transport of the remains show that the evidence for a judicial compensation claim has been collected?
No. The death certificate, autopsy, toxicology, scene, camera and witness records must be preserved separately; the judicial investigation may continue after the transport.
Why does the 2026 amendment to the HMK matter in a new pecuniary compensation action arising from a death?
HMK Article 107 has been repealed, and a one-time increase of the claim in a partial action is regulated under Article 109/4. Actions filed earlier must be assessed under the transitional provision.
Sources and legal bases
- Law No. 6098, Turkish Code of Obligations (Türk Borçlar Kanunu), Articles 53–56, 72, 74; Law No. 7589 and its transitional provision. resmigazete.gov.tr
- Law No. 5718 on Private International and Procedural Law (Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun), Articles 20, 26, 34, 40, 45, 48. mevzuat.gov.tr
- Law No. 5271, Code of Criminal Procedure (Ceza Muhakemesi Kanunu), provisions on the examination of the dead, autopsy and the rights of persons harmed by a crime.
- General Directorate of Border and Coastal Health (Hudut ve Sahiller Sağlık Genel Müdürlüğü), health services at airports and international funeral procedures. hssgm.gov.tr
- Ministry of Foreign Affairs of the Republic of Türkiye, consular procedures and procedures on death. konsolosluk.gov.tr
- Law No. 5271, Code of Criminal Procedure (Ceza Muhakemesi Kanunu), Articles 86, 87, 89, 202 and 234. mevzuat.gov.tr
- Regulation on the Construction of Cemeteries and on Funeral Transport and Burial Procedures (Mezarlık Yerlerinin İnşaası ile Cenaze Nakil ve Defin İşlemleri Hakkında Yönetmelik), Article 28 and Articles 34–36. mevzuat.gov.tr
- Law No. 7589, HMK Articles 107 and 109/4, amendment and transitional provisions on TBK Article 55; Law No. 3095, Articles 1 and 4/a. resmigazete.gov.tr
- Court of Cassation 13th Civil Chamber, E.2012/22415, K.2013/19186, 09.07.2013 (death of a foreign tourist in a hotel fire; quashed for jurisdiction). app.dejure.ai
- Court of Cassation 3rd Civil Chamber, E.2023/2078, K.2023/3741, 14.12.2023 (death in a hotel technical area; fault and liability). app.dejure.ai
- Court of Cassation 4th Civil Chamber, E.2022/1528, K.2023/12795, 29.11.2023 (loss of support of relatives living in Russia; upheld after quashing). app.dejure.ai
- Court of Cassation 11th Civil Chamber, E.2009/14260, K.2010/1607, 12.02.2010 (vehicle accident involving foreign tourists; request for rectification rejected). app.dejure.ai