The fifth meeting of the Medeniyet Law Seminar Series organized by the Law Faculty of our university, was held on Tuesday, December 13, 2022 at 15.30 in the foyer area on the 3rd floor of IMU Ziraat Bank Library with a presentation titled “Detention Protection Measure” delivered by Asst.Prof.Dr. Ali PEHLIVAN of IMU Department of Public Law.
At the meeting, the detention which is an important measure in the criminal justice system was explained in light of the Criminal Procedure Law in different aspects such as legal reason, authority, legal remedies and duration. Since it is the heaviest restriction to the right to liberty and security as one of the fundamental rights and freedoms protected under article 19 of the Constitution and article 5 of the European Convention on Human Rights, the vital importance of its legality and proportionality was emphasized. It was argued that the measures that are not implemented in a legal and proportional manner may constitute arbitrary arrest in a way that serves the purpose of punishment. On the other hand, the responsibility of the members of the judiciary involved in the decision mechanism for their unlawful detention decisions and the recourse of the state were discussed. The importance of the functioning of the judiciary as an effective institution in this sense was pointed out.
