What are crimes against freedom? What should be done in cases involving threats, blackmail, and coercion?

Crimes Against Liberty and the General Framework in the Turkish Penal Code

In our legal system, one of the most fundamental constitutional values ​​possessed by individuals personal liberty and security . Crimes against liberty, criminalize acts that unlawfully restrict an individual's freedom of will, freedom of movement, and the right to make decisions about their own lives. Personal liberty, guaranteed by Article 19 of the Constitution, is meticulously protected not only under the supervision of the state but also against unjust interference by third parties.

In this section, the legislator has addressed the impairment of an individual's will or the deprivation of their freedom of physical movement to varying degrees. The fundamental philosophy behind crimes against liberty is the protection of an individual's ability to act of their own free will. These crimes generally manifest themselves in different areas such as restricting freedom of physical movement, suppressing the will, violating the privacy of private life, and hindering freedom of work. In the Turkish Penal Code (TCK) system, these crimes are detailed under articles such as depriving a person of their liberty (TCK Article 109), threat (TCK Article 106), blackmail (TCK Article 107), coercion (TCK Article 108), violation of the inviolability of the home (TCK Article 116), and hindering freedom of work and employment (TCK Article 117).

In criminal law doctrine, when examining crimes against liberty, the elements constituting the crime—"the loss of freedom of movement" or "the impairment of will"—are of great importance. It is observed that perpetrators, when committing these crimes, generally focus on breaking the victim's will, creating fear, or physically rendering them immobile. The law includes aggravating circumstances that increase penalties depending on the manner in which the crime is committed, the means used (weapons, coercion, etc.), the nature of the victim (child, pregnant, inability to defend oneself), and the duration of the act.

Turkish Penal Code Article 109: The Crime of Depriving a Person of Their Liberty and its Aggravating Circumstances

The crime of depriving a person of their liberty , regulated in Article 109 of the Turkish Penal Code , is one of the most serious crimes against liberty, punishing the unlawful deprivation of a person's freedom of movement. For the crime to occur, the victim's will to move from one place to another or to remain in their current location must be prevented by force, threat, deception, or other means. This is a crime of free movement and can be committed by forcing the victim into a vehicle and taking them to another location, locking them in a room, or physically binding them. The legal subject of the crime is the individual's freedom of travel and movement.

The basic form of the crime of depriving a person of their liberty, as well as the aggravating circumstances , are detailed in Article 109/2 of the Turkish Penal Code. Accordingly, the crime;

• Armed,

• By more than one person together,

• Because of the mental or physical pain the person experiences (for example, by being tortured),

• By abusing the authority granted by public office,

• Within the framework of family relationships such as ancestors, descendants, spouses, or siblings,

• The prison sentences are increased exponentially if the crime is committed against a child or a person who is physically or mentally unable to defend themselves.

However, if the aggravating circumstances of the crime of intentional injury against the victim occur during the commission of the crime, the provisions relating to intentional injury shall also apply. If, after the crime, the perpetrator voluntarily leaves the victim in the care of an official authority or their family, i.e., is released due to remorse, the courts may reduce the sentence.

Turkish Penal Code Articles 106 and 107: Crimes of Threat and Blackmail

Among the crimes against liberty, and one of the most common acts targeting an individual's mental integrity and decision-making power, of threat (Turkish Penal Code, Article 106) and blackmail (Turkish Penal Code, Article 107) . The crime of threat is committed by informing someone that an attack will be carried out against their life, bodily or sexual integrity, or property. The law divides threats into two paragraphs: less serious forms such as damage to property, and more serious threats against life or bodily integrity. The penalty is increased if the crime is committed with a weapon, by more than one person acting together, by taking advantage of the victim's inability to defend themselves, or under the influence of the intimidating power provided by criminal organizations. While less serious forms of threat are generally subject to complaint, serious forms are investigated ex officio.

Blackmail is the crime of forcing a victim to do or not to do something by threatening to commit or disclose an unlawful act that could harm their honor or reputation, or cause significant financial loss. In blackmail, the perpetrator aims to obtain a benefit or force the victim to perform an unwanted act by influencing their will. The penalty for blackmail includes imprisonment and a fine, and this crime is among those that are subject to complaint.

In legal doctrine, these two types of crimes are considered to be moral attacks that undermine an individual's inner peace and freedom of will. While the element of intimidation is paramount in the crime of threat, in the crime of blackmail, the primary determining factor is the intention to obtain a benefit or to unjustly influence someone's will (for example, obtaining a benefit by threatening to disclose confidential information). In Supreme Court rulings, whether a statement of intent capable of creating serious fear and anxiety in the victim exists is meticulously examined on a case-by-case basis to determine whether a threat or blackmail has occurred.

Turkish Penal Code Articles 116 and 117: Violation of the Inviolability of the Home and Obstruction of Freedom to Work

Articles 116 and 117 of the Turkish Penal Code, which regulate interference with individuals' dwellings, private lives, and working rights, constitute important pillars of crimes against liberty that protect social and economic life. The crime of violating the inviolability of the home (Article 116 of the Turkish Penal Code)is committed by entering someone's dwelling or its annexes against their will, or by refusing to leave without their consent after entering. This crime protects not only homes but also workplaces and their annexes. The law considers the individual's right to live in peace and tranquility as an absolute value.

Among the aggravated circumstances of the crime of violating the inviolability of the home are:

• The act is committed through the use of force or threat

• Committed at night,

• Performed jointly by more than one person,

• Committing the crime with weapons,

• This includes the abuse of authority granted by a public office.

On the other hand, the crime of obstructing the freedom of work and employment (Turkish Penal Code Article 117)punishes the violation of the freedom of work and employment by using force or threat, or by other unlawful conduct. Specifically, preventing the exercise of trade union rights or suppressing workers' labor rights falls under this article. Situations such as raiding workplaces, forcing employees to work through threats, or unlawfully preventing strike/lockout rights constitute the material elements of this crime.

Investigation, Prosecution Processes and Evidence Gathering in Judicial Proceedings

In crimes against liberty, the investigation and prosecution phases are subject to different procedural rules depending on the manner in which the crime was committed (for example, ongoing crimes such as deprivation of liberty or immediate/protracted crimes such as threats/blackmail). In proving these crimes, the victim's statements, telephone records, base station signals, camera footage, witness testimonies, and digital correspondence (SMS, email, social media messages) constitute key evidence. Especially in cases of blackmail and threats, the proper inclusion of digital materials as evidence in the case file directly affects the course of the trial.

The key procedural and practical aspects to consider in legal proceedings are as follows:

• Complaint Periods and Procedure: Crimes of threat (simple form), violation of domicile (simple form), and blackmail are subject to complaint. The victim must exercise their right to complain within 6 months of learning of the act and the perpetrator. Crimes of deprivation of liberty (including aggravated forms) and aggravated threat are investigated ex officio.

• Statute of Limitations in Ongoing Crimes: The crime of depriving a person of their liberty is considered an uninterrupted (continuous) crime. The crime continues to be committed until the victim regains their liberty; therefore, the statute of limitations begins to run from the moment the victim is released.

• Reasons for Effective Repentance and Reduced Sentence: The law contains provisions for a reduction in punishment in certain crimes against liberty (such as depriving a person of their liberty) if the perpetrator shows remorse and voluntarily releases the victim. This directly affects the legal standing of the perpetrators during the trial.

In conclusion, crimes against liberty are a category of offenses equipped with severe penalties aimed at protecting both the physical freedom of movement and the mental and voluntary integrity of the individual. Seeking support from expert criminal lawyers is essential to prevent loss of rights and ensure a fair trial process.

Crimes Against Liberty for Foreigners Living in Türkiye

The personal liberty, security, and freedom of will of foreign nationals residing, working, studying, or temporarily in Türkiye are protected in full equal measure with citizens, in accordance with the provisions of the Turkish Constitution and the Turkish Penal Code (TCK). In accordance with the principle of territoriality, the fact that the perpetrator or victim is a foreigner does not alter the situation in crimes against liberty committed within the borders of Turkey (deprivation of liberty, threats, blackmail, violation of domicile, coercion, and stalking); Turkish judicial authorities are obligated to investigate these crimes ex officio or upon complaint.

When foreign nationals are subjected to acts restricting their liberty, their greatest concerns are often the fear of deportation, language barriers, or the inability to communicate with official authorities. However, according to the Turkish Code of Criminal Procedure (CMK) and international conventions, free interpretation services . Regardless of their immigration status (residence permit, international protection, or temporary protection), the right to seek justice for foreign victims of crimes against liberty cannot be restricted.

Turkish Penal Code Article 108: The Crime of Coercion and Legal Protection for Foreign Victims

Article 108 of the Turkish Penal Code, which defines the crime of coercion, punishes the unlawful application of violence against a person or coercive actions that suppress their will. Coercion can generally be a means of facilitating the commission of other crimes (for example, during deprivation of liberty or blackmail), but it can also be considered a standalone crime that violates an individual's freedom of will.

In cases of coercion against foreign nationals (e.g., employer pressure, attempted detention, or physical violence), the immediate identification of evidence is vital. Foreign victims who experience coercion should immediately call the 112 Emergency Call Center to request assistance from law enforcement and request to be referred to a hospital for a medical report. They have the right to file a complaint and make statements at the hospital and police station with the assistance of an interpreter.

Turkish Penal Code Article 123/A: The Crime of Stalking and Application Procedures for Foreigners

One of the most significant amendments added later to the Turkish Penal Code, threatening the peace, tranquility, and especially the security of individuals, the crime of stalking (Article 123/A of the Turkish Penal Code) . This law punishes acts that cause serious distress, fear, and security concerns to the victim by physically following them, constantly harassing them through communication tools (telephone, social media, email), or forcing them to make contact. Penalties are increased if the crime of stalking is committed against children, a separated spouse, or involves coercion/threats.

Foreigners living in Türkiye should follow these steps if they experience persistent stalking and harassment, especially on digital platforms or in social life:

• Preservation of Digital Evidence: Messages, call logs, and social media screenshots belonging to the stalker must be preserved without being deleted and presented to the judicial authorities.

• Complaints and Protective Measures: The crime of stalking is a crime that depends on a complaint. The victim can go to the nearest police station and file a complaint with the help of an interpreter. Restraining and protective measures can be immediately requested from the Domestic Violence and Violence Against Women Bureaus or general investigative prosecutor's offices under Law No. 6284.

Free Legal Aid and Bar Association Support

Crimes against liberty (deprivation of liberty, serious threats, coercion, etc.) are serious offenses with high minimum prison sentences. To ensure that foreign victims, regardless of their economic means, can benefit from legal representation, the Legal Aid Offices are actively working. Foreign victims legally residing in Turkey or those with insufficient financial resources can apply to the bar association of the place where the crime was committed to a free lawyer (defense attorney/representative) .

A legal aid lawyer provides professional guidance to foreign victims throughout the entire process, from preparing the criminal complaint and following up on the investigation file to obtaining emergency protection measures under Law No. 6284 and attending court hearings. This completely eliminates disadvantages such as language barriers, unfamiliarity with the legal system, or financial constraints.

Legal Status, Fear of Deportation, and Consular Support

The biggest psychological barrier faced by foreign nationals who are victims of crimes against their liberty is the false belief that they will be deported if they apply to official authorities. Under the Law on Foreigners and International Protection (YUKK), it is legally impossible to deport foreign nationals who are victims of a crime (especially serious crimes against liberty or stalking) simply for seeking justice through judicial channels. On the contrary, the Directorate of Migration Management may issue humanitarian or victim-focused residence permits to ensure the victim's safety.

Furthermore, every foreigner residing in Türkiye has the right to request diplomatic support and guidance by applying to their country's consulates or embassies. Consulates closely monitor the fair trial processes of their citizens and provide support in communication with local authorities. Consequently, foreigners living in Türkiye have the right to fully benefit from all legal protections offered by the Turkish Penal Code against any unlawful interference with their liberty, coercion, threats, and persistent harassment.