Detention as a preventative measure in the Turkish Criminal Procedure Law

The basic purpose of criminal procedure is to reveal the substantial truth. In the activity of revealing substantial truth, some measures that can bring about intervention to the human rights and freedoms may be needed. Detention is just one of these measures. Because with detention, one of the most fundamental rights of man whose delinquency has not been proven yet is delimitated. In that case, it is necessary for the detention to be regulated by Constitution and code in case that it may mean the violation of human freedom arbitrarily in case of exorbitance.The constitutional foundation of the detention has been in the article 19 of the Constitution. There are regulations pertaining to the detention in the articles 100 to 108 of the Criminal Procedure Code. Furthermore, regulations pertaining to the detention have been included in numerous international covenants relating to the fundamental human rights and freedoms in which our country has become a party. Within the scope of these regulations, it is necessary for some conditions to occur which can be classified as substantial and formal for the detention. The substantive conditions are attendance of the suspect/accused, existence of strong criminal suspicion based on concrete phenomenon, pertinence to the principle of continence and for the suspect/accused being under suspicion of escaping or hiding from the causes for detention which have been included in law, darkening the evidences or exerting pressure over witness, victim or others or existence of strong suspicion towards commitment of some heavy crimes which specified in law. As for the formal conditions of the detention, they can be expressed as the realization of trial condition and existence of a decision for detention.Even if the all substantial and formal conditions occur, besides being of a discretionary quality measure that is not compulsory to be applied, detention is of a temporary quality measure that is necessary to terminate immediately together with the removal of these conditions. The suspect/accused is let avail himself/herself of defender?s help absolutely in the course of detention. The person?s relative or the person that he/she specifies is notified of the decision pertaining to the detention or the continuation of being under arrest without any delay. Being under arrest is controlled automatically within the periods of time which are defined in law or over a request or an objection. Detention depends on a defined upper duration. This duration has been determined according to the case that the crime is one of those involved in the duty of the High Criminal Court or not. The person who is detained has also some rights and obligations. These rights and obligations have been included in the Code about the Execution of the Measures for Punishment and Security.