Legal Aspects of Death and Burial of a Foreigner in Turkey
This article has been prepared by Yelda Çelebi Akşit from the Çelebi Law Firm, whose details and information can be found at the end of the article.
In our society, death is still surrounded in mystery, and people commonly avoid talking about death until they must. As a result, many people don't know what to expect the first time someone close to them dies. One of the greatest challenges in this life is the loss of a loved one. Unfortunately, in addition to the terrible, emotional strain associated with this loss, there are many legal issues that must be addressed. Death is an event that creates legal consequences with a profound effect on the life of the survivors, in emotional, economic, and familial aspects. The unknown in such a case can add fear and anxiety to the burden of grief carried by the survivors of the deceased. The best remedy for that fear is to learn something about what happens from the time of death to the time of burial.
This article attempts to provide a brief summary of some of the legal issues that should be addressed upon the passing of a loved one.
In general, most municipalities and counties have a different procedure for when a death has occurred in a hospital and a different procedure when the death occurs at home, at work or while travelling.
The events that take place immediately following a death will be determined by the circumstances surrounding the death. If your loved one should die in a hospital, for example, a doctor will be called to confirm the death and the hospital arrange the issue of a doctor's medical certificate conforming death and its cause. They will prepare and sign the official Turkish death certificate. A doctor is not allowed to issue a certificate if they are unsure about the cause of death and the body will be taken to a hospital morgue. When this happens the death must be reported to a Forensic Lab., where a post mortem may need to take place.
When death occurs suddenly or unexpectedly outside of a medical setting, you should call 112. Emergency medical staff will come to determine whether there is any hope of resuscitation, while a police officer or gendarme will make sure there are no suspicious circumstances surrounding the death. It is entirely up to the public prosecutor whether an autopsy is required or not. There is no a Forensic Laboratory in Bodrum so if the public prosecutor wishes, they can send the deceased to the nearest Forensic Laboratory (in Izmir).
It is mandatory to report the incidents of death, including the place of death. If the place is unknown you will need to report where the body was found. If the incident happened in a vehicle, the place where the body is taken out of the vehicle should be reported to the Civil Registration Directorship.
Reporting the incident of death: from the date of death, all documents relative to the death must be submitted to the relevant County Civil Registration Directorship within a period of 10 days. The ID card of the deceased must be attached to the death report. If there is no ID card, this should be specified in the report.
In case of a foreign originated person’s death being declared to the civil registry directorship, three copies of death report are provided. One copy is given to the relative, another copy is held in the foreigners death file and the third copy is sent to City Police Department. If there is resident report attached to the death report arrived to the Civil Registry Directorship, the resident permit should be sent to the relevant city’s police department. In an emergency and in the event of death of a foreigner the nearest Consulate must also be informed immediately. The consular officer on duty will give you consular assistance and explain the local procedure.
If the deceased was a citizen of a foreign country which has taken part in an international agreement with Turkey, a sample death report – in multilingual form, should be sent to the General Security Directorship so as to be transferred the origin country.
Another issue is the local burying procedure. Bodrum Municipality give permission for local burial of foreigners. So a foreigner who dies in Bodrum can be buried in local cemeteries on the Bodrum peninsula. Anyone has the right to be buried in local cemeteries if there is space, or in any adjoining burial ground. For more information about local burials, you can contact me, or you can visit the funeral department of your local municipality and ask. On the other hand Cremation is not allowed in Turkey. Repatriation is also possible.
For repatriation you will need to register the death with the foreign civil authorities and obtain a full Turkish death certificate before you can apply for consular death registration. There are some funeral companies in Turkey who arrange the repatriation formalities on behalf of the deceased's family. For repatriation expenses please contact with the assistance companies. You can find them on the internet.
Death is a time of crisis for one's family and friends no matter where it takes place.
For more information or advice on any this, or any other issue, please contact me via the details below.
Av. Yelda Çelebi Akşit
Çelebi Hukuk Bürosu (Celebi Law Firm)
Atatürk Bulvarı Konacık Çarşısı 16/D
Konacık-Bodrum
Phone: 0252 317 22 25
Website: http://www.celebihukuk.com/
Email:
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