Arrest in Military Jurisdiction Law

In criminal jurisdiction which aims to find the actual truth using investigation methods, one of the most important pre-trial measures is the "arrest". In some mandatory conditions of the judicial procedure, "arrest" which may be defined as the cancellation of personal liberty and freedom by a judicial decision- without reaching /having a final decision- has a special meaning; such as narrowing the limits of basic rights and freedoms which are covered by international conventions and many of the Constitutions. Basic principles of criminal jurisdiction and human rights always have to be kept in mind during an arrest or any other similar or exclusive punishment procedures. Otherwise it will be quite possible to confront with possible human rights violations. As a protective legal counter- measure, arrest is not an objective; it is a temporary instrument to be used. Arrest must be applied only as a mean of a legal rapid reaction. It must also be proportional and has to "carry out" pre conditions of the issue of legality. The general -main- rule of arrest is, primarily, the existence of clear evidences against the accused while the second rule following this one is that the written pre-conditions of "arrest" have to be found in a specific legal case. Arrest in military jurisdiction law has been chosen as the subject of this master thesis. Arrest puts barriers to personal liberties and limits their freedom which is one of the most important rights of persons; and derives from the human personality itself. In this thesis, articles related to arrest in military judicial law have been examined with CJL (Criminal Jurisdiction Law) and ECHR (European Convention of Human Rights) bilaterally. The work has three chapters. At the first chapter general specifications of military justice and concept, purpose and pre-conditions of arrest have been examined. At the second chapter, conditions & reasons of arrest, investigation order given by the commander to the military prosecutor and the demand of arrest have been criticised. At the third chapter, results & special situations of arrest and VIother rules & regulations about arrest in military justice system have been examined and tried to be clarified.