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Disciplinary investigation in the context of the right to a fair trial in general law enforcement disciplinary law

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2024
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Abstract (EN)

General law enforcement disciplinary law contains and regulates the legal rules that must be applied in the execution of disciplinary procedures regarding the personnel of three general law enforcement forces in our country: General Directorate of Security, General Command of Gendarmerie and Coast Guard Command. As a requirement of the rule of law, paying attention to the principles of the right to a fair trial in disciplinary investigations of general law enforcement personnel and preventing personnel from being victimized within the framework of these principles is of serious importance in the context of the European Convention on Human Rights, to which we are a party. As a matter of fact, within the hierarchical system where the superiority of the administration is accepted, it is the most natural right of those accused of indiscipline to benefit from the principles of the right to a fair trial in disciplinary investigations against personnel within the scope of both the European Convention on Human Rights and the Constitution. With the study titled "Disciplinary Investigation in the Context of the Right to Fair Trial in General Law Enforcement Disciplinary Law", the concept of general law enforcement in the literature, the conceptual dimension of the principles of the right to a fair trial and new regulations in the legislation, general law enforcement disciplinary law and developments in this field, the most basic human rights in disciplinary investigations of general law enforcement personnel, the applicability of the principles of the right to a fair trial, which is one of the rights, was examined. Within the framework of the findings obtained as a result of the examination, the guarantees provided by the right to a fair trial in disciplinary investigations against general law enforcement personnel were revealed, the issues and deficiencies in the legislation have been tried to be explained based on these guarantees, and the issues that need to be taken into consideration in the context of the right to a fair trial in disciplinary investigations have been expressed in detail.

Author

Tufan Taşan

How to Cite

Tufan Taşan (Master Thesis). Disciplinary investigation in the context of the right to a fair trial in general law enforcement disciplinary law, 2024, Kastamonu University.

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