North Cyprus Law | What To Do If You are Arrested?

Copied from The Original STBINC:

Below you can see the law or some rules in north Cyprus regarding arrests, remand in custody and bail, for example. As you will see below the police have a right to detain for 24 hours a person they have suspicion of committing an offence. In practice the 24 hours isn’t used very much but when the 24 hours is over, and the police feel they need more time for the inquiry, then only a judge can order that time.

The police have no power at that stage and that’s when you will be needing an Advocate more than ever. You do not have to make a statement to the police. When you are arrested and accused of an offence by the police you do have the right to remain silent because anything you say may be used against you in court according to the judges rules, which I shall write more about in the future. You do have the right to have a Lawyer/Advocate with you at the police station and I strongly recommend that you do have an Advocate/lawyer with you at every stage.

Every person who has been the victim of arrest or detention in contravention of the provisions below shall have an enforceable right to compensation, and not just from the Police.

[Liberty and Security of the Person]

1. Every person has the right to liberty and security of person.

2. No person shall be deprived of his liberty save in the following cases when and as provided by law: –

(a) the detention of a person after conviction by a competent court;

(b) the arrest or detention of a person for non-compliance with the lawful order of a court;

(c) the arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;

(d) the detention of a minor by a lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority;

(e) the detention of persons for the prevention of spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;

(f) the arrest or detention of a person to prevent him effecting an unauthorised entry into the territory of the TRNC or of an alien against whom action is being taken with a view to deportation or extradition.

3. Save when and as provided by law in case of a flagrant offence punishable with death or imprisonment, no person shall be arrested save under the authority of a reasoned judicial warrant issued according to the formalities prescribed by the law.

4. Every person arrested shall be informed at the time of his arrest in a language which he understands of the reasons for his arrest and shall be allowed to have the services of a lawyer of his own choosing.

5. The person arrested shall, as soon as is practicable after his arrest, and in any event not later than twenty-four hours after the arrest, be brought before a judge, if not earlier released.

6. The judge before whom the person arrested is brought shall promptly proceed to inquire into the grounds of the arrest in a language understandable by the person arrested and shall, as soon as possible and in any event not later than three days from such appearance, either release the person arrested on such terms as he may deem fit or where the investigation into the commission of the offence for which he has been arrested has not been completed remand him in custody and may remand him in custody from time to time for a period not exceeding eight days at any one time:

Provided that the total period of such remand in custody shall not exceed three months of the date of the arrest on the expiration of which every person or authority having the custody of the person arrested shall forthwith set him free.

Any decision of the judge under this paragraph shall be subject to appeal.

7. Every person who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.

8. Every person who has been the victim of arrest or detention in contravention of the provisions of the above shall have an enforceable right to compensation.

North Cyprus Lawyers

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