Özgürlük ve Güvenlik Hakkı Özelinde Tutuklama ve Tutuklama Süreleri ile Yargıtay’ın Tutuklama Sürelerine İlişkin Bir Kararının AİHS Işığında İncelenmesi
Investigation of a Decision of the Supreme Court on the Arrest and Detention Periods in Specific to the Right to Freedom and Security and the Periods of Detention in the Light of the ECHR

Summary/Abstract: As the right to freedom and security is a fundamental human right, it is included in all national and international texts, the most important of which is the European Convention on Human Rights. This right is regulated in Article 5 of the Convention and provides a guarantee against arrest and detention. On the other hand, arrest is the heaviest protective measure in criminal procedure; the terms and durations are set out in the Code of Criminal Procedure. Regarding the duration of detention, the Supreme Court of Appeals made a decision in 2011; He stated that the time passed until the first instance courts are sentenced will be taken into account in calculating the time, and the time passed in the appeal after the verdict will not be taken into account, which is the basis of this study to what extent this result is correct in terms of the European Convention on Human Rights and our national legislation. Study; in the context of the code of Criminal Procedure, arrest, imprisonment and arrest revealed that the duration of outlines, and subsequently in 2011, the Supreme Court of Appeals a decision of the European Court of human rights that made the main decisions examined in the light of the European Convention on human rights and in the application of national law and the difference is revealed.

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