“HANDCUFFS” FROM A HUMAN RIGHTS POINT OF VIEW IN TURKISH CRIMINAL LAW
“HANDCUFFS” FROM A HUMAN RIGHTS POINT OF VIEW IN TURKISH CRIMINAL LAW

Summary/Abstract: Handcuffing, one of the forms of treatment does not normally give rise to an issue under the certain articles of ECHR. The limits of handcuffing are important in view of fundamental rights. The use of handcuffs must be justified by the legal authority. The handcuff is a kind of measure and has been imposed in connection with lawful arrest or detention and does not entail use of force, or public exposure, exceeding what is reasonably considered necessary in the circumstances. In this regard, it is of importance for instance whether there is reason to believe that the person concerned would resist arrest or abscond, cause injury or damage or suppress evidence. Accordingly, the purpose of the handcuf in no way denotes contempt or lack of respect for a person. Nor is this measure designed to humiliate or debase a person. The publicity connected with the treatment is limited to a person’s supporters getting a glimpse of the person in handcuffs. This study briefly provides the status of handcuffs in Turkish legal regulations and certain judicial decisions.

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