The leave that may be granted to convicted persons falls into three categories: excuse leave, special leave and job-search leave. For each type, the kind of institution, the person's enforcement status, the reason for the request and the authority that decides differ. Attending a funeral and regular special leave are not subject to the same conditions. When leave is used, the return date and time must be set clearly. If a refusal decision is to be challenged, the urgency of the event and the judicial time limits must be considered together. [1]
Leave does not mean the sentence has ended. Under Article 93 of Law No. 5275 on the Execution of Sentences and Security Measures (5275 sayılı Kanun), time spent on leave counts as time served. A convicted person must comply with the obligations notified to them during leave and must return to the institution on time. For this reason, answering only the question “how many days of leave are there?” is not enough to plan a request or the use of leave safely.
How do the types of leave differ?
| Type of leave | Basic condition or purpose | Statutory limit |
|---|---|---|
| Excuse leave, Art. 94(1) | Having served one-tenth of the sentence in good conduct, and a legal excuse | Up to ten days, excluding travel time |
| Escorted funeral leave, Art. 94(2)(a) | Death of specified relatives; security and other special conditions | Up to two days, excluding travel time |
| Escorted hospital visit leave, Art. 94(2)(b) | Serious, life-threatening illness of a specified close relative, certified by a medical report | Up to two visits per listed relative in total, up to one day each, excluding travel time |
| Special leave, Art. 95 | Being held in an open institution, or being entitled to transfer to one | Once every three months, up to seven days, excluding travel time |
| Job-search leave, Art. 96 | At least six months of uninterrupted detention and one month remaining before conditional release | Up to eight hours on working days |
The periods in the table are not fixed amounts of leave to be used automatically; they show statutory upper limits. Each request is assessed on its own conditions. No conclusion should be drawn from the table alone without examining the type of institution, the security situation, the degree of kinship, the medical report and the approval procedure. [1]
Excuse leave of up to ten days
Good conduct and the one-tenth period
Article 94(1) of Law No. 5275 provides that, on request, persons who have served one-tenth of their sentence in good conduct may be granted excuse leave. The one-fifth ratio seen in older sources is not the current rule. In addition, the general restriction on high-security institutions in Article 93 and the special leave route in Article 94(2) must be read together. [1]
Documents on good conduct and on the enforcement period are attached to the application or requested from the institution's file. If the applicant's own approximate calculation does not match the official enforcement record, the source of the difference should be explained first. For calculation problems, the article Objection to the Sentence Calculation Sheet (müddetname) and Correction of the Enforcement Calculation provides guidance.
Death, serious illness and disaster
Where a mother, father, spouse, sibling or child dies, excuse leave of up to ten days, excluding travel time, may be granted on the proposal of the head of the institution and with the approval of the Chief Public Prosecutor's Office (Cumhuriyet Başsavcılığı). Where one of the same relatives suffers a serious, life-threatening illness, or is harmed by a disaster such as an earthquake, flood or fire, in addition to documentation, the opinion of the head of the institution, a proposal from the prosecutor's office and the approval of the Ministry of Justice (Adalet Bakanlığı) are required. [1]
The decision chains for these two types of application are not the same. The petition should state clearly which paragraph is being invoked, and the event document should be linked to the leave period requested. A request for treatment for the person's own illness while in the institution is different from excuse leave for a relative's illness.
Escorted funeral and hospital visit leave
Leave to attend a funeral
Article 94(2) provides a specific option for persons who are not dangerous, including those held in high-security institutions, except those under the regime of aggravated life imprisonment. Provided there is no security objection and the person is accompanied by an external security officer, and provided the death of a blood or in-law relative up to and including the second degree, or of a spouse, has occurred, up to two days, excluding travel time, may be granted on request and with the approval of the Chief Public Prosecutor. The one-tenth period condition in Article 94(1) is not separately written for this route. [1] [2]
Kinship should be shown by population registry records. The place and time of the funeral and the address for condolences are useful information to provide separately. Even when burial has already taken place, the request for condolences may need to be assessed on its concrete circumstances; the Constitutional Court (AYM) decisions particularly stress this point.
Hospital visit leave
A serious, life-threatening illness of a mother, father, spouse, sibling, child, or of the mother or father of the spouse must be documented by a health board report. For each relative named in the law, leave of up to one day, excluding travel time, may be granted, limited to two occasions in total. The condition that existed earlier, “at least one month apart”, does not appear in the current text. [1] [2]
A report that merely confirms the diagnosis is not enough; it should be checked whether it describes the serious, life-threatening condition the law requires. If travel abroad is needed to visit a relative living in another country, leave under this article cannot be granted because of the express limit in Article 94.
Overnight stays and costs
If an overnight stay is needed, the place is assessed together with the security measures. The law sets out options such as the homes of certain relatives, the person's own home, another safe place, or a closed penal institution at the place visited, and leaves the decision to the governor of the place visited. Granting leave does not mean that the person may freely change the place of stay. [1] For more detail, see the article Transfer from a Prison to Another Institution.
Article 13 of the Regulation on Excuse Leave requires that the travel costs and allowances (harcırah) of the external security officers accompanying the person be paid by the convicted or detained person, and provides that if payment is not made, the leave is not implemented. The amount of the costs and the payment procedure should therefore be clarified alongside the leave decision. If there is financial hardship, it should be documented and reported to the competent authority; it should not be assumed that the public authority will pay the costs automatically. [2]
Special leave and job-search leave
Special leave in an open prison
For persons held in an open penal institution, or persons held in a closed institution who are entitled to transfer to an open one, special leave of up to seven days, excluding travel time, may be granted once every three months, on the proposal of the head of the institution and with the approval of the Chief Public Prosecutor's Office, to maintain family ties and adapt to the outside world. In compelling circumstances such as illness or natural disaster, leaves may be combined. [1]
The Enforcement Regulation provides that internal and external security officers are not required to supervise special leave. This does not remove the duty to return. The address, start and end information on the leave document should be examined carefully, and no change of address or transport should be made without the institution's knowledge and the necessary procedures. [3]
Temporary leave arrangements for the pandemic period should not be confused with the permanent special leave regime. Relying directly on an old news report about COVID-19 leave arrangements as the basis for a current application can lead to wrong results.
Job-search leave
For job-search leave, at least six months of the sentence must have been served in the institution without interruption, and one month must remain before conditional release. On the proposal of the head of the institution and with the approval of the Chief Public Prosecutor's Office, leave of up to eight hours on working days may be granted. This leave supports finding work and adapting to life outside; it cannot be used for the same period or purpose as ordinary special leave. [1]
The interview location and time, communication with the employer and a return plan can make the application concrete. However, these documents do not replace the statutory enforcement and time conditions. The accuracy of the conditional release date should also be checked separately. On a related subject, the article Conditions for Conditional Release and Enforcement Ratios may be considered.
Leave conditions for detainees
Not all leave provided for convicted persons is automatically applied to detainees. Articles 116(2) and 116(3) of Law No. 5275 specifically regulate funeral and serious illness visits for detainees. The conditions considered under these provisions include the proper course of the investigation or prosecution, security, escort, kinship and the medical report. [1]
The application should state clearly whether the person is a convicted or a detained person. The word “in prison” is not enough to show legal status. A petition based on the wrong article can cause unnecessary correspondence, especially for requests such as funerals, whose meaning is lost over time. On this topic, the article Work, Wages and Social Insurance Rights in Prison may also be read.
Preparing the application file and objecting to a refusal decision
The relationship between documents and the request
The following documents should be assembled for the leave file according to the specific need:
- The penal institution, the convicted or detained status and the relevant file number.
- A death certificate or a health board report of the required nature.
- Population registry records showing kinship.
- The funeral, condolence or hospital address, with date and time.
- Transport, journey time and, where necessary, an explanation of any overnight stay.
- For special leave, the open institution status and previous leave records.
- The refusal decision, the document showing when it was learned of or notified, and earlier petitions.
Where possible, the request should be explained together with alternatives. If a security problem is raised at the funeral location, the authority may be asked to consider workable options such as a different time, a shorter period or a separate place for condolences. Offering alternatives does not mean that leave will certainly be granted; it makes the proportionality assessment concrete.
Complaint and objection time limits
Under Law No. 4675 on Enforcement Judgeships (4675 sayılı İnfaz Hâkimliği Kanunu), a complaint against a measure falling within its scope must be lodged with the enforcement judgeship within fifteen days of learning of it and, in any event, within thirty days of the measure itself. An objection to the enforcement judge's decision may be made within two weeks of notification. In an urgent event, waiting until the end of these periods can remove the practical benefit of the application. [4] For details, see the article Enforcement at Home, on Weekends and at Night.
Filing a complaint does not automatically stop the process. If interim protection is requested, a clear violation of law and consequences that are difficult or impossible to remedy must be justified together. The application procedure is explained in detail in the article Applying to and Objecting to the Enforcement Judgeship. On a related subject, the article Conditions and Periods for Supervised Release may also be read.
Actual Constitutional Court decisions on funeral and condolence leave
The Yavuz Geçim decision
In the decision in Yavuz Geçim, Application No. 2018/15011, dated February 24, 2021, the AYM examined how requests to meet a seriously ill father and to attend a funeral and condolences were handled. It found a violation of the right to respect for private and family life, because urgency was not properly assessed, no separate examination was made for condolences, and no alternative security solutions were set out. The decision was taken by majority; Rıdvan Güleç and Basri Bağcı dissented. [5] On a related subject, the article Right to Education and Sitting Exams in Prison may be consulted.
The decision does not say that security assessments are unnecessary. It shows that a request must be examined in good time, on reasons specific to the person and the event.
The Hıdır Aydin and others decision
In the decision in Hıdır Aydin and others, Application No. 2022/59921, dated November 5, 2025, the AYM assessed a request to attend a funeral and condolences that had been refused on the ground of a security risk linked to a blood feud. The majority found a violation, taking into account that it had not been shown that the risk could not be removed, that alternatives had not been sufficiently explained, and that the decision was notified six days later. Muhterem İnce and Yılmaz Akçil did not join the majority on the exhaustion of remedies and on the security assessment. [6]
The majority did not consider it mandatory to exhaust the enforcement judgeship route in a concrete urgent event. This exception does not mean that every leave dispute can be taken directly to the AYM. The route to be used must be shown to be effective, and the timing and circumstances of the event must be explained. The general thirty-day period for individual applications must also be protected. [7]
Consequences of returning late from leave
The two-day distinction is not additional leave
Under Article 97 of Law No. 5275, a convicted person who does not return from leave, or who returns more than two days late, is subject to the provisions of Article 292 et seq. of the Turkish Penal Code (TCK). A person who exceeds the leave period by two days or less is subject to disciplinary proceedings. This distinction cannot be read as meaning that “a two-day delay is free”; the duty to return on time continues to apply. [1]
A person who does not return from leave, returns more than two days late or escapes may not be granted special leave again, as the law also provides. Because the consequences may extend beyond a new criminal investigation, cases in which the return is prevented should be reported to the institution immediately and documented.
Extraordinary obstacles and the documentation
Article 97 provides that no penalty is imposed where a person cannot return from leave, or returns late, because of an epidemic, natural disaster, war or mobilization. A causal link between the obstacle and the delay must be shown. A general explanation does not replace official records showing the effect of the event. [1]
Dated documents should be kept for obstacles such as an interruption of transport, a hospital admission or another impediment, and the times of notifications to the institution should be recorded. Any excuse other than the extraordinary circumstances expressly listed in law should not be assumed to have the same result.
How should an urgent leave file be followed up?
Timing of the request and workable options
For funeral and serious-illness leave, time is not only the number of days in the law. The time between learning of the death, obtaining the document, registering the petition, the security review and notification of the decision also affects whether the request can be carried out. If the time of burial is known, it should be stated clearly in the petition; if it has not yet been fixed, the petition should say that it is not known and the current information should be submitted later. Presenting a date as certain on the basis of a guess may cause leave that could in fact have been carried out to be refused unnecessarily.
In a leave request concerning the death of a relative, the funeral ceremony and the condolence visit may be explained separately. Where it is no longer possible to reach the burial in time, the address of the condolence where family members are present and the period during which the condolence continues should be notified. If the security concern relates to a particular place, a proposal for an alternative place or time may make the assessment easier. These are not solutions that replace the statutory conditions; they are information that helps balance the person's own interest against the security requirement. [5] [6]
Condolences and abstract reasoning in the Mehmet Kaplan decision
In the decision of the Second Section of the AYM in Mehmet Kaplan, Application No. 2021/25439, May 13, 2025, the request of an applicant who sought leave after the death of their sibling was examined. The file contained the process between obtaining the death certificate and the application, the completion of the burial, and reasons relating to the pandemic. The Court did not reduce the need for leave to the moment of burial alone; it also assessed the importance of being together with the family through condolences. [8]
In the decision, the fact that a general assessment relating to the pandemic was considered sufficient and that alternatives suited to the concrete circumstances were not adequately addressed led to a finding of a violation of the right to respect for private and family life. This does not mean that a pandemic or a security risk can never be taken into account in any event. The risk must be made concrete, the reason why the request could not be granted must be explained, and workable measures must be assessed. The relevant parts of the decision are paras. 15–19. [8]
When this decision is used in a current application, it should be stated in which respect the case is similar. For example, instead of merely saying “there is a violation decision on funeral leave,” it can be shown that the refusal decision did not respond at all to the request for condolences or did not assess the alternative time proposed. A violation decision does not by itself prove that all the statutory conditions in another file are met.
Checking the implementation after leave is granted
After a favorable decision, the start and return time on the leave document, how travel time is shown, the place of stay, the escort and the payment procedures should be checked together. One should not act on information such as “leave approved” communicated only by telephone; the conditions to be applied should be determined from the official document. If there is a contradiction between documents, an explanation should be requested from the institution.
In the case of a new obstacle affecting the return, it is important to notify the institution concerned without delay and to keep the official records that can be obtained. Giving notice does not by itself amount to an extension of the leave. It should be explained from what time a transport cancellation, a hospital admission or an extraordinary event prevented the return; any instruction given and a record of any new decision should be obtained. In any later disciplinary or criminal assessment after the leave, the timely notification and the person's efforts to return are, as much as the obstacle itself, part of the concrete file.
Conclusion
The right starting point for convicted persons' leave is to determine which type of leave the request falls under. Duration, kinship, medical report, security and the competent authority must be considered together. In urgent situations such as funerals and serious illness, the application should be made concretely without losing time. Since breaching the duty to return after leave can have serious consequences, the leave document and the travel plan should be clarified from the start.
Frequently Asked Questions
How many days of special leave can a convicted person in an open prison use?
The statutory provision is leave of up to seven days, excluding travel time, once every three months. The necessary proposal and approval process is carried out; seven days is not an entitlement that is acquired automatically in every case.
Must one-tenth of the sentence have been served for funeral leave?
Excuse leave under Article 94(1) and escorted funeral leave under Article 94(2) are different. The special route in the second paragraph is assessed on its own security, status and kinship conditions.
Can leave be granted to visit a mother-in-law or father-in-law in hospital?
Article 94(2)(b) also covers the mother and father of the spouse. A health board report and the other statutory conditions must be present.
Can a condolence request be refused without examination because the burial has already taken place?
The AYM expects the condolence dimension of a leave request to be assessed concretely too. However, it cannot be concluded that leave will be granted in every event.
Does returning two days late provide exemption from punishment?
No. A delay of two days or less leads to disciplinary proceedings. For longer delays and for non-return, the law provides separate criminal consequences.
Can detainees benefit from the same special leave as convicted persons?
Funeral and serious illness visits for detainees are specifically regulated in Article 116. The leave provisions foreseen for convicted persons do not apply to detainees in full.
Sources and legal bases
- Law No. 5275 on the Execution of Sentences and Security Measures (5275 sayılı Kanun), Art. 25, 93–97 and 116.
- Regulation on Excuse Leave for Convicted and Detained Persons Due to the Death or Illness of Relatives (Hükümlü ve Tutuklulara Yakınlarının Ölümü veya Hastalığı Nedeniyle Verilebilecek Mazeret İzinlerine Dair Yönetmelik), especially Arts. 5–7 and the expense provisions; Ministry of Justice institutional publication.
- Regulation on the Administration of Penal Institutions and the Execution of Penalties and Security Measures (Ceza İnfaz Kurumlarının Yönetimi ile Ceza ve Güvenlik Tedbirlerinin İnfazı Hakkında Yönetmelik), Arts. 113–117.
- Law No. 4675 on Enforcement Judgeships (4675 sayılı İnfaz Hâkimliği Kanunu), Arts. 4–6.
- Constitutional Court (AYM), Yavuz Geçim, Application No. 2018/15011, February 24, 2021, especially paras. 44–49, operative part and dissent.
- Constitutional Court (AYM), Hıdır Aydin and others, Application No. 2022/59921, November 5, 2025, paras. 8–16 and dissent.
- Law No. 6216 on the Establishment and Rules of Procedure of the Constitutional Court (6216 sayılı Kanun), Arts. 45 and 47.
- Constitutional Court (AYM) Second Section, Mehmet Kaplan, Application No. 2021/25439, May 13, 2025, paras. 15–19; violation of the right to respect for private and family life.