Detention due to non-compliance with a court decision in individual application

Our study examines the approach taken in individual applications to cases where a person is detained for non-compliance with a court decision issued in accordance with the law. One of the legitimate reasons forseen in 'Right to Liberty and Security' referred to in Article 5 of the European Convention on Human Rights and the 'Personel Liberty and Security" referred in Article 19 of the Constitution of the Republic of Turkey, is detention due to a person's failure to comply with a court decision. This legitimate reason has not been examined in detail by the Constitutional Court, contrary to the practice of the European Court of Human Rights. The first section of our study will cover concepts related to the subject, as well as general assessments of the right to liberty and security and explanations of how the rule is addressed by the European Convention on Human Rights and the Constitution. Finally, the section will provide an explanation of the scope of the right. The second section will address the legitimate grounds on which the right to liberty and security may be restricted and the safeguards provided to the person whose right is restricted. In the final section, the detention of the individual in question, who failed to comply with a court decision issued in accordance with the law, was examined, and reference was made to the decisions and assessments of the European Court of Human Rights and the Constitutional Court on the matter. Keywords: Right to Liberty and Security, European Convention on Human Rights, Constitution, European Court of Human Rights, Constitutional Court, Order of a Court.