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Auditing of interception of telecommunication with juridical purposes according to the Criminal Procedure Law Number 5271

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2009
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Advisor: Doç. Dr. İlhan Üzülmez

Abstract (EN)

Communication is the one of the most basic and important rights and freedoms of the people and a part of the private life area. With the coming up of the technical instruments and systems which provide communication in the technology and the entry of them in our daily lives emerged serious increases in the number of violations of the human rights and freedoms using these communication instruments. Therefore, in order to protect the human rights and freedoms against these violations it is indispensable to develop new mentalities and juridical mechanisms. In this context, in accordance with the clauses of the European Convention on Human Rights and decisions of the European Court of Human Rights, legal arrangements to frame the conditions and limits of interception of communications were necessary as a requirement of being a democratic state governed by the rule of law.The first part of this study aims to explain the purpose of the interception of the telecommunications and the extent and limits of the secrecy of the private life and right to communicate. In the second part it is aimed to explain circumstantially the conditions and practice of the measure `interception of telecommunications? with juridical purposes. In the last part, the deficiencies related to the interception with juridical purposes and lacks emerging in the practice are mentioned and then it is tried to explane the ways to avoid these deficiencies and lacks and the mutual effects of interception with juridical purposes and interception with preventive purposes upon each other.

Author

Ali İhsan Çamurlu

How to Cite

Ali İhsan Çamurlu (Master Thesis). Auditing of interception of telecommunication with juridical purposes according to the Criminal Procedure Law Number 5271, 2009, Kütahya Dumlupınar University.

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