Detention on Remand

The maximum period of detention in Turkish law is regulated under Article 102 of the Penal Procedure Code. These periods apply to the whole penal procedure process. In the decisions of the Court of Cassation and the Constitutional Court on detention issues, they subdivide the detention. “Detention on accusation” refers to the detention that is given during the investigation and first instance period. Detention on remand refers to the detention that is given upon appeal and during the cassation period. With regards to the Stollenwerk decision, it is necessary to determine whether domestic law and/or the European Convention on Human Rights provide further protection. It is crucial to state that detention on remand is not regulated under the Turkish PPC and it means that the time limitation of the detention includes the whole penal procedure process. According to the regulation of Turkish PPC on detention, it is not possible to render a detention decision without a time limitation. In this regard, the PPC Article 102 provides further protection rather than the convention. Therefore, the domestic law’s norm should be applied instead of the convention