A foreign convict serving a final prison sentence in Türkiye benefits from the safeguards provided by the sentence enforcement legislation. The nationality of the person, commonly called a “foreign prisoner,” does not remove the right to treatment consistent with human dignity, health care, legal assistance and legal applications. However, sentence calculation, supervised release, transfer to the home country and deportation proceedings are each subject to separate conditions.
The first things a family needs to learn are whether the judgment has become final and which sentence is being enforced. Defense and appeal strategy against a conviction that is not yet final is not the same process as reviewing the enforcement of a final judgment. For the pretrial detention stage, the guide to the rights of foreign detainees may be consulted.
Which Principles Apply to the Enforcement of Sentences of Foreign Convicts?
No distinction may be made on grounds of nationality
Article 2 of Law No. 5275 provides that the enforcement rules are to be applied without discrimination on the grounds stated in the law, including nationality and language. The same provision prohibits cruel, inhuman, degrading and humiliating treatment. This principle does not mean that no provisions specific to foreigners exist; special procedures must also have a legal basis and conditions for their application. [1]
It is practically important that the convict can understand the rules, communicate with the institution and exercise the right to apply. The mere fact that a signature was obtained from a person who does not know Turkish does not, in every case, eliminate the argument over whether the person was genuinely informed of the content. Which notice was explained in which language, and how, should be recorded.
The powers of the convict and the family are not the same
The convict is the direct holder of the rights. The family may help with obtaining documents and organizing legal assistance, and may make the applications that the law expressly authorizes. However, kinship does not give unlimited access to all of the convict’s personal data and defense file. In particular, confidentiality and the will of the convict are taken into account for health information, the criminal accusation and personal correspondence.
How Are the Sentence Calculation and the Release Date Checked?
With which information is the sentence calculation sheet (müddetname) reviewed?
The sentence calculation sheet (müddetname) is the basic document for understanding the enforcement process; on its own it does not replace the entire legal review. The final judgment, the offense date and type of offense, the amount of the sentence, the time spent in pretrial detention, the provisions on recidivism, any aggregation decisions and temporary provisions are assessed together. The calculations of credit for time served (mahsup), conditional release and supervised release should not be confused with one another.
A reliable release date cannot be determined from the family’s answer to the question “how many years did he or she receive?” alone. Two prison sentences of the same length may have different enforcement conditions. Disciplinary and good conduct assessments can also affect the timing of procedures. The entry-into-force and transitional provisions of current legislative amendments are examined separately.
What is done if a calculation error is suspected?
First, the item believed to be wrong is identified: for example, detention or pretrial detention that was not credited, a wrong offense date, a wrong rate, inconsistency with an aggregation decision, or an arithmetic error in the release date. The records held at the enforcement prosecutor’s office are obtained, and an application is made to the competent judicial authority depending on the nature of the request. It should not be assumed that every enforcement dispute is resolved through the same procedure.
The purpose of the application must be stated clearly. Instead of the general statement “my enforcement is wrong,” the application specifies which decision or record is to be corrected and for what reason. A calculation table may be useful; however, the legal rate and dates used must be explained with their documents.
Can a Foreign Convict Benefit from Supervised Release?
Nationality alone does not constitute a general bar
An assessment for supervised release can be made for foreign convicts. The conditions of Article 105/A of Law No. 5275, the current temporary provisions, the status of eligibility for an open institution and the good conduct assessment are examined for the specific file. Neither generalization is accurate: that every foreigner will automatically benefit, or that no foreigner can benefit.
Article 86 of the Supervised Release Services Regulation contains special procedures for foreign convicts. There may be a link between the assessment of the Ministry of the Interior, the obligations to be applied and deportation procedures. Nevertheless, whether the foreigner can be deported, the prohibition of return and other safeguards must be examined separately. [2]
The reasoning and the outcome of the Court of Cassation decision must be read together
The decision of the 1st Criminal Chamber of the Court of Cassation (Yargıtay 1. Ceza Dairesi) dated 22.03.2024, E.2023/8257, K.2024/1963, assessed that a foreign convict can also benefit from supervised release under other obligations, through a supervision plan prepared according to the person’s risk and needs situation. In addition, the Chamber found it unlawful that the authority accepting the objection merely set aside the enforcement judgeship decision, holding that it should also have decided on the subject of the objection. [3]
Therefore, this decision cannot be reported as “every foreign convict is released immediately.” It shows that the concrete conditions must be assessed and that a decision must be given that genuinely resolves the outcome of the application. The references in the decision to earlier regulations should also be distinguished from the current provisions applied by the Chamber.
How Are the Health, Visiting and Communication Rights in the Prison Exercised?
Health care and requests for treatment
A health complaint is reported to the relevant unit of the institution; requests for examination, referral, medication and necessary follow-up are made concrete. Previously used medication, diagnoses and reports issued abroad are submitted, when necessary, with understandable translations. The oral account of relatives is an important starting point; it does not replace a current medical assessment.
If there is a delay in treatment or a refusal, the date of the request, the registration number of the application and the reasons should be retained. An urgent health problem should not be postponed while waiting for routine correspondence. Deferral of enforcement for health reasons or special enforcement procedures, on the other hand, are separate assessments subject to their own medical and statutory conditions.
Family visits, telephone and consular communication
For visits by relatives abroad, the passport, a document proving kinship, the visitor registration, the necessary permission and the institution’s current visiting schedule should be researched. For telephone and video calls, the number, ownership of the line and registration conditions matter. The family should confirm that the visit is possible before buying a ticket.
Consular assistance can help with the convict’s communication and document needs; it does not give the power to decide in place of the enforcement judge or the administration. In an application against an obstacle to communication, it should be explained which contact could not take place and why, and whether a lighter measure is possible.
How Are Applications and Objections Against Institutional Acts Made?
The subject of the complaint, the time limit and the competent authority
A complaint to the enforcement judgeship against institutional acts and activities within the scope of Law No. 4675 is made within fifteen days of learning of the act and in any case within thirty days of the date of the act. The type of act and special provisions should be checked separately. Relatives and the defense counsel whom the law authorizes can also exercise the right to complain. [4]
The complaint clearly states the act, the date it was learned, its effect on the right, the grounds of unlawfulness, the documents and the request. It should not be assumed that the first petition submitted to the institution’s directorate automatically stops all judicial time limits. The record showing the date of the application is kept.
Stay of the act and objection to the decision
A complaint does not automatically stop the execution of the act. If the statutory conditions exist, a request for a stay or deferral may be assessed separately on grounds of damage that would be difficult to remedy and manifest unlawfulness. Under the current provision, an objection to an enforcement judgeship decision may be filed within two weeks of notification. The type of decision and the notice of remedies should be examined on the file. [4]
Disciplinary penalties, the good conduct assessment, visiting restrictions and sentence calculation should not be added haphazardly under the same complaint heading. The basis, the time limit and the requested outcome of each act are explained separately; if they are connected, that relationship is shown.
How Is the Convict’s Request Turned into an Effective Application?
A link must be established between the problem, the document and the request
The application should explain the desired solution as well as the difficulty experienced. A workable request is needed, such as having the correct number entered into the system if telephone registration could not be made; an examination or referral in case of a delay in treatment; and lifting of the act in case of a visiting restriction without reasons. Gathering all of the institution’s problems in one petition in general terms may blur the distinctions of time limit and competence.
| Problem | Record to be examined first | Focus in preparing the request |
|---|---|---|
| Allegation of a wrong release calculation | Judgment, finality, sentence calculation sheet (müddetname), credit for time served (mahsup) | Identifying the wrong item and its legal basis |
| Rejection of a supervised release request | Board report, enforcement judgeship decision | Concrete review of the conditions and of the reason for rejection |
| Obstacle to communication or visits | Registration application and reasoned reply | The reason for the obstacle and an appropriate solution |
| Delay in health care | Application, examination, referral and treatment record | Current need and the effect of the delay |
Time limits must be monitored while awaiting the institution’s reply
Families may sometimes treat an “we are reviewing it” answer given by telephone as the start of all legal routes. Yet administrative follow-up and a judicial application are separate matters. The date of the act that was learned, whether a written reply has arrived and which event started the time limits should be assessed by a lawyer. It is useful to note the dates of oral conversations; they do not replace the official application record.
If it is thought that the convict could not express the petition correctly because the convict does not know Turkish, the language assistance needed is also specified concretely. Translations made by the family may not be considered sufficient at every stage that requires an official document. The appropriate translation and certification route is determined according to the purpose for which the document will be used.
The information the family can expect from legal follow-up
Once a service relationship is established, the tasks to be followed can be defined: which documents will be obtained, which applications will be made and which decisions are awaited. In the information given to the family, the date of the application, the authority, the outcome and the next step can be explained. Instead of a vague “the procedures are ongoing,” the stage the process has reached should be conveyed in an understandable way.
On the other hand, a lawyer cannot determine the date on which the administration or the court will decide. Healthy communication is built not by concealing this uncertainty but by clearly explaining the steps taken, the official reply awaited and the application options. The will of the convict and professional confidentiality continue to determine the limits of informing the family.
Conclusion
For a foreign convict to be able to exercise his or her rights, the legal basis of the enforcement and the acts of the institution must be reviewed. The reliable path for families is to prepare applications on the basis of the judgment, the sentence calculation sheet (müddetname), institutional records and notifications, rather than making assumptions about the release date.
Related articles: Transfer of Convicts from Türkiye to a Foreign Country: Conditions, Application and the Path Families Will Follow; Deportation and Administrative Detention After Prison: Application, Time Limits and Legal Protection for Foreigners.
Frequently Asked Questions
Is there a single enforcement rate for foreign convicts?
No. The offense, the date, the sentence, recidivism and the applicable provisions are examined together.
Can the family carry out every act on behalf of the convict?
No. The powers the law grants to relatives are separate from those that the person or the defense counsel may exercise.
Does an application to the enforcement judgeship automatically stop the act?
No. The conditions for a stay or deferral are assessed separately and the request is made concrete.
Is deportation mandatory after the sentence ends?
Notification under Article 59 of the Turkish Penal Code (TCK) and a separate assessment under the migration legislation are involved. A criminal conviction alone does not replace a separate deportation decision and judicial review.
Sources
- Law No. 5275 on the Execution of Sentences and Security Measures, Articles 2, 6, 59, 66, 68, 71, 105/A and 107.
- Supervised Release Services Regulation, Official Gazette of 10.11.2021, Article 86 as regards foreign convicts.
- Court of Cassation 1st Criminal Chamber, E.2023/8257, K.2024/1963, 22.03.2024 — access to the decision. The full text may require login on the platform; it can also be researched from the official Court of Cassation decision search system using the case reference.
- Law No. 4675 on Enforcement Judgeships, Articles 4–6.