Note · CMK 135 · CMK 137/2
A wiretap objection is either about the order or about the words. Only the first one removes the recording.
There are two objections, and they do different work. An objection that the tap itself was unlawful — wrong offence, expired period, no judicial approval — removes the recording from the case under Article 38 of the Constitution and CMK 217/2. An objection that the transcript is wrong removes nothing; it obliges the court to return to the audio. Run the first only where the file shows a defect. Run the second wherever the words carry the charge.

Unlawfulness and inaccuracy are different applications
Turkish procedure treats the two complaints separately and gives them different remedies. Pleading them as one paragraph invites a single line of refusal.
The lawfulness objection is constitutional. Article 38 of the Constitution provides that findings obtained contrary to law cannot be accepted as evidence. CMK 217/2 states the same rule for the trial: the charge may be proved by any evidence obtained lawfully. CMK 206/2-a then requires the court to refuse evidence put before it where that evidence was obtained contrary to law. If you win this point, the recording and its transcript leave the file, and so does whatever was found only because of them.
The accuracy objection is evidential. If your position is that the Turkish text does not say what the speakers said, nothing is excluded. You are asking the court to stop treating the transcript as the evidence and go back to the recording with a fresh translation. That is a request under the expert provisions, not the exclusion provisions.
Ask for exclusion of what was unlawfully obtained as the primary request, and, in the alternative, for a new expert transcription and translation of the recording. Two requests, two rulings, two things to take to appeal.
What the tap order has to survive
A tap leaves paperwork: a request, an order, a period, and a record of how it was carried out. The lawfulness objection is built from that paperwork rather than from argument about fairness. These are the points on which orders actually fail.
| Requirement | Source | What a defect looks like |
|---|---|---|
| The offence is on the closed list | CMK 135/8 | The list covers drug manufacture and trafficking (TCK 188), migrant smuggling and human trafficking (TCK 79, 80), intentional killing (TCK 81–83), qualified theft and robbery (TCK 142, 148, 149), qualified fraud (TCK 158), money laundering (TCK 282) and offences under the Anti-Smuggling Law carrying imprisonment. Use and possession under TCK 191 is not on it. |
| Strong suspicion, and no other route | CMK 135/1 | The order recites the formula while the file shows ordinary means were available. |
| Judicial authority | CMK 135/1 | A prosecutor's order, permitted only where delay is prejudicial, must go to the judge immediately, and the judge decides within twenty-four hours at the latest. If that period passes, the measure is lifted at once. |
| The period | CMK 135/4 | Two months at most, extendable by one month; for offences within the activity of an organisation, further extensions of not more than one month each, three months in total. Recording after the last day is recording without an order. |
| The order names the line and the person | CMK 135/2 and 135/4 | It must state the offence, the identity of the person, the type of device, the number or connection code, and the type, scope and duration of the measure. The request must carry a document showing the subscriber and, where known, the user. |
| Privileged calls | CMK 135/3 | Communications with persons entitled to refuse to testify cannot be recorded, and are destroyed immediately once identified. |
Two neighbouring measures have their own limits and are often folded into a tap in the indictment. Technical surveillance under CMK 140 reaches only activities in places open to the public and the workplace, runs three weeks with a one-week extension (further weekly extensions up to four weeks in total for organisation offences), and under CMK 140/5 cannot be applied in a person's home. Material picked up during interception that has nothing to do with the investigation may be kept under CMK 138/2 only where it raises suspicion of one of the offences on the Article 135 list.
In a foreign-language case the transcript is a translation
CMK 137/2 describes how the Turkish text in your file was made. Recordings kept under an Article 135 order are transcribed by persons appointed by the prosecutor's office, and recordings in a foreign language are rendered into Turkish through an interpreter. Between the words spoken and the sentence the court reads there are two operations, and the person who performed the second one is usually neither named nor heard.
The failures repeat:
- Attribution. A line used by several people produces a transcript in which every voice becomes the defendant, with nothing recording how the speaker was identified.
- Slang and dialect. An ordinary word in your dialect is rendered with the term the investigation expects to find.
- Numbers. Quantities, prices and dates carry these cases. One mistranscribed figure changes what the conversation is about.
- Omission. The transcript summarises where the audio is unclear, and the summary then reads as certainty.
The answer starts with the material. Once the indictment is accepted, CMK 153/4 entitles defence counsel to examine the file and the evidence held and to take copies of every record and document free of charge. Ask for the audio, not the printout. Then use CMK 63 to seek a court-appointed expert on the recording, CMK 67/6 to put a scientific opinion from your own specialist before the court, and CMK 67/5 to require a reasoned decision within three days if that is refused. Where the court declines to summon the specialist you named, CMK 178 lets you bring that person to the hearing to be heard.
This is the same discipline that applies to a laboratory report — you attack the method rather than the conclusion — and it is set out for narcotics analysis on the forensic drug report page. It also sits beside a right you have in the room: under CMK 202/1 a defendant who cannot explain himself in Turkish has the essential points of the prosecution and defence translated by a court-appointed interpreter, and CMK 202/4 lets him give his oral defence in another language after the indictment is read and after the closing opinion, using an interpreter he chooses at his own cost. What the interpreter is and is not there to do matters here, because the same shortage of qualified translators produces both a weak transcript and a weak hearing.
Which objection is worth running, and how to keep it
Run the lawfulness objection when you can point at a document. An offence outside the CMK 135/8 list. Recording that continues past the last day allowed by CMK 135/4. A prosecutor's order that no judge approved within twenty-four hours. Technical surveillance conducted in a home against CMK 140/5. Chance material kept under CMK 138/2 for an offence that is not listed. Courts do not exclude because a tap was heavy-handed; they exclude on a defect the file itself shows.
Run the accuracy objection whenever the recording is what the charge rests on and the words admit of another reading. It is granted far more often than exclusion, and it changes what the court is looking at. In most foreign-national files both belong in the case.
Then keep them. CMK 230/1-b requires the reasoned judgment to discuss the evidence, state what was relied on and what rejected, and identify separately and expressly any unlawfully obtained evidence in the file. A judgment that convicts on a recording without answering the objection has a gap in it. CMK 289/1-i makes a judgment resting on evidence obtained by unlawful methods an absolute illegality, considered on appeal even if the notice does not raise it. The window is short: under CMK 273/1 the istinaf application is made within two weeks of service of the judgment with its reasons. How istinaf and temyiz work is set out separately.
Where intercepts sit in relation to the rest of the technical evidence — signal data, location records, covert investigators — is covered on the surveillance and wiretap evidence page.
Three questions that come up first
Can I get the audio, or only the written transcript?
Nobody told me my phone had been tapped. Is that lawful?
If the tap was unlawful, is the case over?
Where this leads
Reach the duty desk
Tell us where the person is and what they have been told. An enquiry commits you to nothing. If it is urgent, message or call rather than write.