Bireysel başvuru hakkı kapsamında tutuklama tedbiri
With the initiation of individual application in the Turkish Constitutional Court (TCC) in 2012, the perception of human rights in Turkey has moved to a different dimension. Although it was possible to apply to the European Court of Human Rights (ECHR) before then, in domestic law, the fact that the application to the TCC is a compulsory way to be exhausted, has led to a transformation in the Turkish judiciary. The most important reason for this transformation is, relatively high applicability and auditability of the TCC decisions in domestic law, compared to the decisions of the ECHR. The applications about beraches of the right to freedom and security of person, which are defined in Article 19 of the Constitution and Article 5 of the European Convention on Human Rights, are the most important complaints among the individual applications. Because, upon the rejection of the objections to the detention measure with a final decision, individuals have the right to make an individual application to the TCC. For this reason, people who want to regain their freedom as soon as possible, try every legal procedure. It has become a common domestic remedy due to the ease of application in the individual application path. Although is it is easy to apply to TCC; most of the applications are getting rejected because of derivativeness of individual application and stricteness of admissibility conditions. The main purpose of this study is to convey how the complaints regarding the unconstitutionality of detention are analyzed according to the decisions of the TCC and the ECHR. It is hoped that this study will enable the individual application mechanism to function better, in the context of the right to personal freedom and security.