Decision stating that there is no need for an investigation within the scope of the right not to be tarnished

One of the most important rights that the principle of the rule of law provides to individuals is the presumption of innocence. According to the presumption of innocence, a person cannot be considered guilty until a final conviction is given. The right not to be tarnished is a right that expands the presumption of innocence and aims to prevent individuals from having their honor and dignity damaged by criminal proceedings. The right not to be tainted is valid at every stage, but it can be violated especially during the investigation stage, which is the first time a person is accused of a crime, by giving the person the status of a suspect and establishing judicial procedures that restrict their freedom. In addition, considering the increase in the speed of spread of information and public interest brought about by the age of technology, individuals are at risk of being considered guilty by society before they are even tried due to the influence of the media during the investigation process carried out against them. The regulation of the Decision of No Investigation, which entered our law, aims to prevent this and to finalize the report or complaint without starting an investigation and freedom-restricting process by giving the title of "suspect" to the person due to the reports and complaints that are clearly understood not to constitute a crime or due to abstract and general reports and complaints. In this study, the SYOK decision was examined in terms of ensuring the right not to be tarnished and the aspect of the decision regarding implementation was evaluated.