The right not to be spotlessed within the confidentiality of investigation

The presumption of innocence guaranteed by the European Convention on Human Rights and the Constitution, is that no one is considered guilty until he is convicted with a final verdict. The right not to be tarnished, which is accepted as a natural consequence of this presumption, is the right that stipulates that a person's honor and dignity cannot be damaged due to the investigation and prosecution proceedings against him. The principle that secures the right not to be tainted during the investigation phase is the principle of confidentiality. In our study, the right not to be tarnished in the context of the confidentiality of the investigation is discussed. In the first part of this study; The general principles regarding the investigation phase, the purpose and duty of the investigation, the concept of suspicion, the subjects involved in the investigation process and the persons who assisted the investigation were revealed. The stages before the investigation were evaluated, and the processes of starting, conducting and ending the investigation were examined. In the second part; The scope and elements of the confidentiality principle valid during the investigation phase, the scope of the right not to be defamed, its relationship with the concepts of criminal procedure, and those who are liable for the violation of the right not to be defamed during the investigation phase are emphasized. In the Third Chapter; After examining the freedom of the press and its limits, the ways of legal protection in case of violation of the principle of confidentiality and the right not to be tarnished, regulations that include criminal sanctions, and ways to partially or completely eliminate the consequences of the violation are evaluated.