Criminal Investigations Involving Maritime Accidents in Turkey: What Foreign Shipowners Should Expect – 2026 Updated Guide

What should foreign shipowners expect after a maritime accident in Turkey? Learn the 2026 rules on criminal investigations, master and crew statements, VDR and AIS evidence, fatalities, vessel detention, expert reports, P&I coordination, and legal defence.

A serious maritime accident involving a foreign-flagged vessel in Turkey can turn into a complex legal matter within hours. A collision, grounding, fire, explosion, crew fatality, occupational accident, pollution incident, machinery failure, or serious navigational event may trigger several proceedings involving different Turkish authorities.

For foreign shipowners, one of the most important points is that a criminal investigation is not the same as a marine safety investigation, Port State Control inspection, civil liability proceeding, or judicial ship arrest.

These processes can nevertheless occur simultaneously.

The master and crew may be questioned, electronic navigational evidence may need to be preserved, technical experts may inspect the vessel, prosecutors may investigate possible negligence, insurers and P&I interests may become involved, and the ship may in certain circumstances be prevented from sailing.

Turkey’s official marine casualty framework expressly covers casualties involving Turkish or foreign-flagged ships occurring within Turkish maritime jurisdiction and inland waters. (Ulaşım Emniyeti)

Foreign shipowners should therefore understand what happens from the first notification of an accident through the potential criminal proceedings that follow.

Can Turkey Investigate an Accident Involving a Foreign Ship?

Yes.

The fact that a vessel flies a foreign flag does not automatically place a maritime accident outside Turkish jurisdiction.

The applicable jurisdiction depends on where the incident occurred, the alleged conduct, the persons involved, and the relevant rules of Turkish and international law.

Separately from criminal proceedings, Turkey’s By-Law on the Investigation of Marine Casualties and Incidents expressly covers accidents involving foreign-flagged vessels occurring within Turkish maritime jurisdiction and inland waters. It can also cover other situations where Turkey qualifies as a substantially interested State. (Ulaşım Emniyeti)

This means a foreign shipowner should never assume that only the flag State will investigate a serious casualty occurring in or closely connected with Turkey.

Which Maritime Accidents May Lead to Criminal Investigation?

Not every accident constitutes a criminal offence.

Criminal investigation becomes particularly important where an incident results in death, bodily injury, serious environmental damage, or circumstances suggesting negligent or intentional misconduct.

Common cases include:

• collisions;
• fatal crew accidents;
• groundings;
• fires;
• explosions;
• man-overboard fatalities;
• occupational accidents;
• serious pollution incidents;
• unsafe cargo operations;
• major machinery failures connected with injury or death.

Turkey’s Transport Safety Investigation Center publishes marine casualty investigations covering collisions, fires, explosions, groundings, occupational accidents, man-overboard incidents, foundering, and other casualties. Its current records include a 2026 fire investigation involving FG SEVIL. (Ulaşım Emniyeti)

This illustrates that formal maritime casualty investigations remain active in Turkey in 2026.

What Happens Immediately After a Maritime Accident?

The first priority is naturally the protection of life, the environment, the vessel, and other property.

Once the immediate emergency is under control, notification and evidence preservation become extremely important.

Turkey’s Transport Safety Investigation Center operates a formal marine accident and incident notification procedure using its designated Marine Accident/Incident Notification Form. (Ulaşım Emniyeti)

For the foreign shipowner, the first hours should also involve coordinated notification of the appropriate:

• ship manager;
• P&I Club;
• hull and machinery insurer;
• flag State interests;
• classification society where appropriate;
• local agent;
• surveyors;
• Turkish maritime lawyer.

A serious mistake at this stage is allowing several company representatives to communicate independently without a coordinated legal and technical response.

Criminal Investigation and Safety Investigation Are Different

This distinction is essential.

Turkey’s Transport Safety Investigation Center conducts investigations aimed at understanding transportation accidents and improving safety. Its official responsibilities include investigating accidents and incidents with significant safety implications, preparing reports designed to improve transport safety, and coordinating regarding preservation of evidence. (Ulaşım Emniyeti)

Its maritime framework also incorporates international instruments including the IMO Casualty Investigation Code and guidelines concerning fair treatment of seafarers following maritime accidents. (Ulaşım Emniyeti)

A criminal investigation has a different objective.

Prosecutors and law-enforcement authorities may seek to establish whether a criminal offence occurred and whether identifiable natural persons bear criminal responsibility.

Foreign owners should therefore identify the capacity in which every statement, interview, inspection, and document request is being made.

Who Can Become a Suspect?

The master is often closely examined following a navigational casualty, but criminal responsibility cannot be determined simply from rank.

Depending on the circumstances, investigators may examine the conduct of the:

Master: Particularly regarding navigation and overall vessel safety.

Officer of the Watch: Especially in collision and grounding cases.

Chief Engineer: Where machinery or technical operations contributed to the casualty.

Other Officers or Crew: Where their conduct directly relates to the incident.

Technical Managers: Where shore-side maintenance or safety decisions are relevant.

Company Managers: Where evidence indicates direct involvement in a decision connected with the accident.

Other Responsible Persons: Depending on cargo, pilotage, terminal operations, maintenance, or other circumstances.

The investigation should ultimately determine the conduct and responsibility of each individual separately.

Can the Foreign Shipowner’s Management Be Investigated?

Potentially.

The fact that a manager or director is located outside Turkey does not by itself answer whether their conduct may become relevant.

Consider a serious engine-room fire.

If investigators discover that the vessel had repeatedly reported a dangerous defect to shore management but the responsible decision-maker knowingly refused essential repairs, communications with the shipowner or technical manager may become important evidence.

Investigators may examine:

• defect reports;
• repair requests;
• maintenance budgets;
• technical superintendent communications;
• class recommendations;
• internal emails;
• previous inspection findings;
• safety-management records.

Corporate title alone does not establish guilt. The individual’s actual role, knowledge, authority, conduct, and causal connection with the casualty must be considered.

Fatal Maritime Accidents Require Immediate Legal Attention

A death aboard a vessel can substantially increase the seriousness of the proceedings.

Turkish prosecutors may investigate whether negligent conduct caused the death.

A fatality during cargo operations, mooring, maintenance, navigation, an engine-room operation, or firefighting may require detailed reconstruction of the accident.

The investigation can examine whether:

appropriate risk assessments existed;
safe working procedures were followed;
the crew received adequate training;
protective equipment was available;
known defects existed;
fatigue contributed to the event;
management had previously received warnings.

Foreign owners should preserve all relevant safety and maintenance documentation immediately.

Collision Investigations

A collision investigation can become highly technical.

Investigators may reconstruct the movements of both vessels and examine:

• COLREG compliance;
• lookout;
• safe speed;
• visibility;
• radar observations;
• ECDIS information;
• AIS data;
• VDR recordings;
• bridge communications;
• helm orders;
• pilotage;
• bridge resource management.

The vessel that physically strikes another ship is not automatically criminally responsible.

The navigational circumstances leading to the collision must be reconstructed.

VDR Data Must Be Preserved

The Voyage Data Recorder can become one of the most valuable sources of evidence after a serious maritime accident.

Depending on the system, it may contain information relating to navigation, bridge communications, radar, vessel position, heading, speed, and alarms.

Foreign shipowners should act quickly to preserve relevant information because electronic systems may overwrite data.

Evidence preservation should be performed carefully and, where appropriate, with assistance from qualified technical experts.

Deleting or altering potentially relevant evidence after a casualty can create substantially greater legal problems.

AIS and ECDIS Evidence

AIS and ECDIS information can also become important.

AIS data may help reconstruct the vessel’s course, speed, position, and interaction with other vessels.

ECDIS information may provide evidence regarding passage planning and navigation.

However, digital evidence should be interpreted technically rather than viewed in isolation.

Investigators may compare electronic data with:

• radar records;
• VDR information;
• logbooks;
• witness statements;
• Coast Guard records;
• port information;
• weather data.

A comprehensive reconstruction is generally more reliable than reliance on one data source.

Logbooks and Safety Records

Documentary evidence can be equally important.

Relevant records may include:

• deck logbooks;
• engine logbooks;
• Oil Record Books;
• Garbage Record Books;
• passage plans;
• permits to work;
• maintenance records;
• risk assessments;
• crew rest records;
• safety-management records;
• cargo documentation.

These documents should be preserved in their original condition.

Foreign shipowners should never attempt to retrospectively improve records following an accident.

Emails and Shore-Side Communications

Modern maritime investigations increasingly involve digital corporate evidence.

Communications between the vessel and shore management can help establish whether management knew about a safety issue before the accident.

For example, an email stating that a safety-critical component urgently required replacement could become important if a subsequent accident involved that component.

Relevant corporate communications should therefore be preserved as soon as a serious casualty occurs.

Ordinary automatic deletion procedures should not be allowed to destroy material potentially relevant to an ongoing investigation.

Statements from the Master and Crew

Statements given during the first stage of an investigation can become extremely important.

Foreign seafarers should understand:

• which authority is questioning them;
• whether they are witnesses or suspects;
• what proceeding the interview concerns;
• what documents they are signing;
• whether interpretation is required.

Turkey’s maritime investigation framework expressly recognizes international IMO guidance concerning the fair treatment of seafarers following maritime accidents. (Ulaşım Emniyeti)

Where criminal exposure is possible, early legal assistance can be particularly important.

Language and Interpretation Issues

A foreign master or crew member should not sign a statement they do not understand.

Technical maritime terminology can make interpretation particularly difficult.

A small translation error concerning concepts such as “order,” “warning,” “defect,” “lookout,” “maintenance,” or “knowledge” may materially change the apparent meaning of a statement.

Foreign shipowners should therefore take interpretation quality seriously rather than treating it as an administrative formality.

Can Investigators Inspect the Vessel?

Yes, where the relevant legal authority exists.

A serious casualty may require inspection of damaged areas, machinery, navigation equipment, safety systems, cargo spaces, or other parts of the ship.

Turkey’s Transport Safety Investigation Center is also responsible for coordinating with authorities charged with preserving evidence until the necessary accident investigations are completed. (Ulaşım Emniyeti)

The shipowner should maintain a clear record of inspections, documents delivered, electronic data copied, samples taken, and components removed.

Should Damaged Equipment Be Repaired Immediately?

Not before considering its evidentiary significance.

Urgent measures necessary to protect life, the environment, or the vessel may obviously be required.

However, damaged machinery or equipment that may explain the accident should normally be carefully documented before alteration.

Relevant parties may include:

• authorities;
• surveyors;
• classification interests;
• insurers;
• technical experts;
• lawyers.

Photographs, videos, measurements, maintenance records, and component identification can later become essential evidence.

Can the Vessel Be Detained?

Potentially, but the precise legal mechanism must be identified.

A foreign vessel may be prevented from sailing because of a:

• Port State Control detention;
• criminal-procedure measure;
• safety restriction;
• administrative decision;
• customs measure;
• judicial ship arrest.

These mechanisms are legally different.

Turkey’s official Port State Control materials expressly include outcomes under which a vessel may be detained until deficiencies are corrected. (aliagaliman.uab.gov.tr)

A shipowner should therefore obtain the written legal basis immediately rather than relying on the general statement that the vessel has been “detained.”

Port State Control Is Not Criminal Prosecution

PSC detention does not establish criminal guilt.

Port State Control concerns compliance of foreign vessels with applicable international maritime standards.

However, technical deficiencies discovered during PSC inspection can potentially become relevant evidence in a separate criminal investigation following an accident.

Turkey reported that 3,115 foreign-flagged vessels calling at Turkish ports underwent Port State Control inspections during 2025, demonstrating the significant level of enforcement activity entering 2026. (T.C. Ulaştırma ve Altyapı Bakanlığı)

Foreign owners should therefore ensure that statutory certificates, safety systems, crew documentation, maintenance, and operational records are in order before Turkish port calls.

Can the Vessel Be Released While the Investigation Continues?

Potentially, depending on why it has been restricted.

A vessel subject merely to technical detention may follow a different release process from one subject to a judicial or criminal-procedure measure.

Likewise, providing security that might release a vessel from a commercial maritime arrest does not necessarily terminate a criminal evidence-preservation measure.

The owner must first establish:

Which authority ordered the restriction?
What is the legal basis?
What conditions must be satisfied?
Is there an objection procedure?

Only then can an appropriate release strategy be developed.

Role of the P&I Club

Prompt coordination with the P&I Club can be extremely important after a serious casualty.

Depending on coverage and Club rules, assistance may involve correspondents, surveyors, technical experts, claims coordination, crew matters, pollution response, and legal assistance.

The owner should also coordinate with hull and machinery insurers where physical vessel damage is involved.

Criminal defence, technical casualty investigation, insurance claims, and civil liability should nevertheless remain clearly distinguished even when coordinated as part of one overall incident-response strategy.

2026 Enforcement Environment for Foreign Ships

There is no basis for describing 2026 as introducing an entirely new general criminal-investigation regime for maritime accidents in Turkey. The existing criminal, maritime, safety, and procedural frameworks continue to operate.

What is particularly relevant in 2026 is the active enforcement environment.

Turkey reported 3,115 PSC inspections of foreign-flagged ships during 2025, while the Transport Safety Investigation Center’s current 2026 records already include a formal fire casualty report involving FG SEVIL. (T.C. Ulaştırma ve Altyapı Bakanlığı)

Foreign shipowners should therefore maintain an accident-response plan that integrates criminal defence, evidence preservation, marine casualty investigation, P&I notification, technical expertise, and vessel-release procedures.

Frequently Asked Questions

1. Can Turkey investigate an accident involving a foreign-flagged ship?

Yes. Turkey’s marine casualty investigation framework expressly covers foreign-flagged ships involved in casualties within Turkish maritime jurisdiction and inland waters. Criminal jurisdiction must be assessed separately under the applicable law. (Ulaşım Emniyeti)

2. Does every maritime accident result in criminal charges?

No. An accident does not automatically establish a criminal offence. The authorities must examine the facts, applicable duties, evidence, causation, and individual conduct.

3. Can the master become a criminal suspect?

Potentially. However, being the master does not automatically establish criminal responsibility. The master’s actual decisions and conduct must be examined.

4. Can shore-based ship managers be investigated?

Potentially, particularly where evidence indicates that a shore-based individual knew about a serious safety problem and personally made or participated in decisions relevant to the casualty.

5. Can Turkish authorities obtain VDR and AIS evidence?

Electronic navigational information can become highly relevant following collisions, groundings, and other casualties. Shipowners should preserve relevant data promptly and avoid altering electronic evidence.

6. Can a foreign vessel be prevented from leaving Turkey?

Potentially. The restriction may result from safety detention, criminal procedure, administrative action, customs proceedings, or judicial ship arrest. The exact legal basis must be identified.

7. Is a marine casualty investigation the same as a criminal investigation?

No. The Transport Safety Investigation Center conducts safety-oriented investigations designed to identify causes and improve transportation safety. Criminal proceedings have a separate purpose and legal framework. (Ulaşım Emniyeti)

8. Should foreign crew members sign statements in a language they do not understand?

They should understand their procedural status, the questions asked, and the contents of documents before signing. Appropriate interpretation and legal assistance can be particularly important where criminal exposure exists.

9. What evidence should a shipowner preserve immediately?

Important evidence may include VDR, AIS and ECDIS data, logbooks, maintenance records, safety-management documentation, crew records, photographs, CCTV where relevant, cargo documentation, and communications between the vessel and shore management.

10. When should a foreign shipowner contact a Turkish maritime lawyer?

Ideally immediately after a fatality, serious injury, collision, grounding, fire, explosion, major pollution incident, criminal summons, evidence seizure, or restriction preventing the vessel from departing.

Legal Support for Maritime Accident Investigations in Turkey

A serious maritime casualty can expose a foreign shipowner to simultaneous criminal, maritime, safety, administrative, insurance, environmental, and civil proceedings. Decisions taken during the first hours concerning crew statements, VDR preservation, electronic evidence, technical inspections, vessel repairs, and communications with Turkish authorities may materially affect the outcome.

Fırat Fesih Kaya provides legal assistance to foreign shipowners, international shipping companies, vessel operators, technical managers, masters, officers, charterers, and maritime interests facing criminal investigations and serious maritime casualties in Turkey.

Early involvement of an experienced maritime lawyer can help protect procedural rights, coordinate the response with P&I and technical experts, preserve critical evidence, distinguish the different proceedings, and identify the correct legal route where a vessel or crew member is subject to restrictive measures.

For a case-specific assessment following a collision, grounding, fire, explosion, fatality, occupational accident, pollution incident, or other serious maritime accident in Turkey, you may contact our office.

Phone: +90 312 434 22 22
Mobile: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Address: Mevlana Boulevard No: 221, Yıldırım Tower No: 148, 06520 Balgat, Çankaya, Ankara, Turkey