Türk anayasa hukukunda kişi güvenliği hakkı
Özet
The right of personal security is the superiority of the law of the protection of physical freedom against arbitrary interventions to personal freedom and is the assurance of this freedom by the political power. Magna Carta, Habeas Corpus Act, French Human and Citizenchip Rights Declaration, Human Rights Universal Declaration and The European Convention on Human Rights have all contributed in the historical development of personel security. Especially with European Court?s case laws, the consept has gained its current meaning. n Turkey, the right of personal security showed development with Testimony of Solidarity, Ottoman Administative Reforms, Ottoman Constitutional Law, and connstitutional law of 1921, 1924, 1961, 1982 and legal regulations. When the Constitutional Court starting to study in Turkey, while the Constitutional Law of 1961 is in force, denoted some criticizable decisions, but, yet, it has given leading decisions for the development of the consept. The right to fair trial (Constitutional Law of 1982 Nr. 36) , limitation of main rights and freedom (Constitutional Law of 1982 Nr. 13), suspension of utilization of main right and freedom(Constitutional Law of 1982 Nr. 15), as international conventions contradict with national laws, and in case of conflits, the superiority of international decisions against national laws (Constitutional Law of 1982 Nr. 90), are all closely related to personal security. When the Constitutional Law of 1982 entered into force in Turkey, while the Criminal Courts Procedural Law nr. 1412 is in force, the mentioned law had been removed on 1. June 2005, and instead, the Criminal Procedural Law nr. 5271 entered into farce. The law nr. 5271 brought novelties related to pre-trial detention, arrest, custody. The importance of judicial control, entreted too into force in Turkey with the Criminal Procedural Law nr. 5271, to take into consideration the principle of proportion for resort to pretrial detention, is a truth unquestionabel.