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AVUKAT SABRİ GÜNGEN
Siverek, Turkey

1 person in their team
AVUKAT SABRİ GÜNGEN is a Siverek-based legal practice serving clients in Şanlıurfa and across Turkey. Its stated focus is criminal defense and human rights law, with representation in criminal proceedings and individual applications to national and international human rights courts.The practice...
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When unlawful police conduct in Siverek may justify legal action

Unlawful police conduct can include excessive force, an unlawful search or detention, coercion during questioning, discriminatory treatment, or failure to protect a person in custody. The right route depends on whether the alleged conduct occurred during a criminal investigation, ordinary policing, or both.

In Siverek, a criminal complaint can be made to the Siverek Chief Public Prosecutor’s Office. A separate claim for compensation may involve the administration and administrative courts. These routes have different rules and deadlines, so a complaint alone may not preserve a compensation claim.

Keep records of where and when the incident happened, including whether it involved a stop, search, arrest, or police facility in the district. Seek medical care promptly if injured and ask for the examination and treatment to be documented.

Situations where a lawyer can make a practical difference

  • You were stopped or searched on a road in or around Siverek, and officers did not explain the legal basis or record the procedure accurately.

  • You were arrested, questioned, or held at a police facility in Siverek and allege threats, coercion, denial of access to a lawyer, or excessive force.

  • Police used force during an arrest or public gathering, and you need to secure medical records, witness details, or available video before evidence is lost.

  • Officers searched a home or vehicle in the district, and you want advice on whether the warrant, consent, or legal grounds were valid.

  • You believe a complaint about police conduct was mishandled, or you received a decision that may affect your right to seek review or compensation.

  • You suffered injury, property loss, or another direct harm and need to assess a compensation claim separately from any criminal investigation.

Turkish laws that may apply

Police Duties and Powers Act (Law No. 2559). Enacted on 4 July 1934 and amended over time, it governs police powers and duties, including specified intervention and use-of-force powers. Whether an officer acted within those powers depends on the facts and the applicable provisions.

Code of Criminal Procedure (Law No. 5271). Enacted on 4 December 2004 and effective from 1 June 2005, it regulates criminal investigations and procedures such as detention, questioning, searches, and evidence. The prosecutor’s role and the applicable safeguards depend on the type of police activity involved.

Administrative Judicial Procedure Act (Law No. 2577). Enacted in 1982, it governs proceedings against public administration, including certain compensation claims arising from administrative conduct. Article 13 provides a prior application process for claims based on administrative actions, with strict time limits; a lawyer should calculate them from the incident and any later decisions.

Frequently asked questions

What counts as unlawful police conduct?

It may include unjustified force, an unlawful search or detention, coercion, or failure to follow required safeguards. A poor outcome or disagreement with an officer is not, by itself, proof of unlawful conduct.

Where can I report an incident in Siverek?

You can submit a criminal complaint to the Siverek Chief Public Prosecutor’s Office. Depending on the facts, a lawyer may also advise a separate administrative complaint or compensation application.

Do I need a lawyer to make a criminal complaint?

A lawyer is not generally required to report an alleged crime. Legal advice can help identify the correct route, preserve evidence, and avoid missing separate deadlines for compensation or review.

What evidence should I keep?

Keep medical records, photographs, messages, names and contact details of witnesses, and any papers given by officers or the prosecutor. Write down the time, location, sequence of events, and officer or vehicle details while your memory is fresh.

Is a criminal complaint the same as a disciplinary complaint?

No. A criminal complaint asks authorities to investigate possible offences, while a disciplinary complaint concerns an officer’s conduct under employment rules. One process does not necessarily replace the other.

Can I seek compensation as well as a criminal investigation?

Potentially, if you suffered direct harm and the legal requirements are met. A claim against the administration may follow a different procedure and timetable from the criminal case, so do not wait for that case to finish before getting advice.

How quickly should I act?

As soon as possible. Criminal complaint periods can depend on the alleged offence, and administrative compensation claims have their own strict time limits and preliminary steps.

Can I complain if I was threatened but not physically injured?

Yes, you can report alleged threats or other unlawful conduct even without a physical injury. The available legal remedy will depend on the evidence and the nature of the conduct.

Can a family member report what happened to someone in custody?

A family member can bring information about a suspected offence to the authorities. Access to case information or the ability to pursue a claim may depend on the affected person’s status, consent, and legal representation.

What does hiring a lawyer usually cost?

Fees depend on the work involved, such as preparing a complaint, representing someone in an investigation, or bringing a compensation case. Turkey’s annual lawyer minimum-fee tariff sets minimum amounts; ask for a written fee agreement and clarify expenses separately.

How long will an investigation or compensation case take?

There is no reliable fixed timetable for an individual case. The duration may depend on evidence, medical or technical reports, witness availability, and any review or appeal proceedings.

Can I use an official complaint channel instead of going to the prosecutor?

You may be able to contact an administrative body or the Human Rights and Equality Institution of Türkiye within its remit. Those channels do not necessarily start a criminal investigation or preserve court deadlines, so check the correct route promptly.

Official resources in and serving Siverek

  • Siverek Chief Public Prosecutor’s Office: Receives criminal complaints and oversees investigations within its jurisdiction. Ask how to submit a complaint and obtain a record of its filing.

  • Şanlıurfa Bar Association: Can provide information about finding a lawyer and may assess whether a person qualifies for legal aid under applicable rules.

  • Human Rights and Equality Institution of Türkiye: Handles matters within its statutory remit, including certain complaints concerning discrimination and prohibited ill-treatment. Its procedures and eligibility requirements differ from a criminal complaint or court claim.

Steps to find and hire a lawyer

  1. Record the incident promptly. Write a dated account, identify the Siverek location, and note any police station, vehicle, or official documents involved.

  2. Secure urgent evidence. Seek medical care as soon as possible, keep records, and list witnesses. Ask a lawyer promptly about preserving CCTV, phone, or other time-sensitive evidence.

  3. Contact the Şanlıurfa Bar Association within days if possible. Ask for referrals to lawyers handling criminal investigations and claims against public authorities, and ask whether legal aid may be available.

  4. Compare suitable lawyers. Ask about their experience with police conduct cases, who will handle the work, likely procedural steps, and any conflicts of interest.

  5. Discuss routes and deadlines before hiring. Ask whether the matter needs a criminal complaint, an administrative application, a compensation action, or more than one process.

  6. Get the fee terms in writing. Confirm the work covered, payment schedule, likely expenses, and how additional hearings or appeals will be charged.

  7. Review and keep copies of filings. Confirm that complaints or applications are submitted to the appropriate authority, obtain filing receipts where available, and keep a secure copy of all records.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.