The validity of evidence in Turkish and Western Laws obtained as a result of unlawful interrogation techniques

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Thesis Type: Postgraduate

Institution Of The Thesis: Uludağ Üniversitesi, Turkey

Approval Date: 2005

Thesis Language: Turkish

Student: HAKAN İNANKUL

Supervisor: DOĞAN ŞENYÜZ

Open Archive Collection: AVESIS Open Access Collection

Abstract:

Despite the recent development in scientific and technological methods of investigation, the statements of suspects are still considered important during preliminary police investigations by the police, however it must be ensured that the interrogation techniques are lawful. lf the interrogator applies unlawful methods, the statements obtained therein can not be used in subsequent legal proceeding againts the suspect. Because The statement obtained due to the illegal means is not reflevtive of the free will of the suspect. Credit goes to these prohibitions because of which the suspect is free to act according to his own conscience and not compelled to say anything which might incriminate him. The basis of the suspect not to incriminate himself forbids not to make statement which can cause result againts himself. Changes to the law on Criminal Procedure were announced in Nowember 1992. according to these changes, the law stipulates that a defendant’s statements must reflect his own free will. Maltreatement, torture, giving medications by force, fhysical force or violence, physical or emotional disturbances that misdirect the will, such as instruments of torture, are prohibited. An illegal advantage may not be promised. Even if there is consent, testimony extracted by use of the above mentioned prohibited methods may not be considered as evidence. In conclusion, on torture, Turkish courts have for many years in no way accepted confessions as proof if there is even slight evidence that they were extracted under pressure or torture or other ill-treatment.