The conformity of the arrest and custody regime in Turkey with The European Convention on Human Rights and its practice


Thesis Type: Postgraduate

Institution Of The Thesis: Uludağ Üniversitesi, Turkey

Approval Date: 2017

Thesis Language: Turkish

Student: TALİP ALAN

Supervisor: KAMURAN REÇBER

Abstract:

Arrest and custody are measures that interfere liberty of person. Liberty of person is legally protected by the right to liberty and security of person in international conventions on human rights and in the constitutions of states. The Article 5 of the European Convention on Human Rights regulates this right. The current study scrutinizes whether the Turkish arrest and custody legislation and its execution comply with Article 5 of the Convention. The current paper consists of three chapters. The first chapter discusses the right to liberty and security of person, and the principles in restricting of this right due to criminal suspicion under the Convention. The second chapter examines the conditions and provisions related to arrest and custody measures in Turkish law and their conformity with the Convention. The last chapter analyses the compliance of domestic law with the Convention regarding the guarantees for person who is arrested and taken into custody. The present study bases its research on the European Convention on Human Rights and the case law of the European Court of Human Rights. It aims to reflect the Court's perspective by examining major decisions and in particular those relating to Turkey. The domestic law is evaluated regarding each paragraph of the Article 5 of the Convention. It is finally concluded that even though there are some deficiencies in the Turkish arrest and custody regime, it is substantially in compliance with the Convention.