Arrest and detention in criminal procedure law

The right to personal freedom and security is one of the most fundamental and important human rights. This right is guaranteed in Article 5 of the European Convention on Human Rights and Article 19 of the Constitution in our national legislation. The protection measures applied in order to reveal the material truth in criminal procedure law may impose some restrictions on fundamental rights and freedoms. The protection measures against arrest and detention, which are the subject of our study, are also an exception to the right to personal freedom and security, as they interfere with the fundamental rights and freedoms of individuals. In this context, the measures of arrest and detention are regulated in detail in Articles 90 and the following of the Criminal Procedure Code. Within the framework of these explanations, our study consists of four parts. In the first part of our study, the basic information about the protection measures and the general characteristics of these measures, in the second part the capture protection measure, in the third part the detention protection measure, and in the fourth part, the subject of compensation due to the capture and detention protection measures; The ECHR has been examined within the framework of the Constitution, CMK and other legislative regulations.