Ceza Muhakemesi Hukukunda yakalama ve gözaltına alma
Özet
Arresting and taking into custody activities which are restraining the civil liberties are very important protective measurements for the human rights. The necessary legal assurances must be supplied to prevent the arbitrary application of these measurements which can be applied without having a judicial decree, and especially to avoid to use them for punishment purposes. It must be remembered that applying the protective measurements which are restricting the personal freedom without taking the abstract reputations of the legal grounds written in the law and the characteristics of the concrete case into the consideration will prepare the way of arbitrary and unlawful applications. In such cases it will not be possible to mention either a state governed by the rule of law or personal safety.The Constitution determines that to arrest can only be done for flagrant offences or for the situations which can be disadvantageous when they retard; and it leaves the conditions to the law. In Code of Criminal Procedure the conditions of arresting have been ordered differently if the catcher is an ordinary person or the law-enforcement officers; additionally the arresting made with an arrest warrant has been established. However to take into custody is organized as a different protective measurement independent from the arrestment and which can only be decided by the Public Prosecutor.In our study, the provisions taking place in the regulations related with the arresting and taking into custody have been examined in the light of the decisions of European Court of Human Rights and the controversial and defective points have been mentioned, and the solution proposals made for the problems which have been faced during the applications.