A Procedural Oddity in the Investigation Stage in Turkish and German Practise: Preliminary Interview with the Suspect

In criminal procedure law, research may be conducted to obtain some information regarding the act after a crime has been committed. The details regarding the act in question are sought by obtaining information from the persons who are not the suspect. The statement of the suspect is taken to help the investigation, to determine the course of it and to contribute to the collection of evidence after the suspect is identified. Before the statement-taking process, the suspect is reminded about his rights and can benefit from these rights. There are regulations that protect the suspect, such as the right to remain silent during the statement-taking process. These regulations in favour of the suspect guarantee the right to a fair trial. However, in practise, in addition to statement taking, some officers also conduct unlawful alternative interviews with the suspect. It is seen that the information is obtained from the suspect without being recorded in the official report even though the suspect is known. This interview is called a preliminary interview in practise because it does not meet the conditions for statement taking. The preliminary interview is a part of an illegitimate process, and the suspect cannot use his rights protected by the rule of law during the preliminary interview. During the preliminary interview, he is not reminded of his rights, and his will become defective. The information obtained during the preliminary interview is addressed to the suspect as questions during statement taking. The interview does not constitute an assurance in favour of the suspect and it is not conducted in accordance with the technical and legal procedures of statement taking. The fact that the preliminary interview was conducted with a reliable third party does not eliminate the unlawfulness of the interview. Therefore, the information obtained during the preliminary interview by the law enforcement officer with the suspect should be considered forbidden evidence.