Within the framework of the article 5 of the European Convention on Human Rights liberty and security of person and detention on remand

Subject of our thesis study is how liberty and safety of persons are defined within the scope of Fifth Article of the European Convention on Human Rights, principles to be taken as basis for restricting people?s freedom and security, accordingly definition of the detention on remand which is one of the precautions that imposes the most severe restrictions on the liberty and security of the person, principles laid down in the European Court of Human Rights and Turkish Law in order to prevent arbitrary application of such arrests. In this study, freedom and security of a person is discussed within the scope of Fifth Article of the European Human Rights Convention, and the restrictions brought to them are especially discussed in terms of the related jurisprudence of the European Court of Human Rights and of the respective Commission decisions, in this way, while practitioners take decisions that result in restricting the freedom, principles they have to take into consideration, thus would prevent the restriction of the freedom and security of a person have been revealed. In the first part of the study, freedom and security rights of a person, and how and in which situations these rights might be restricted have been examined. In the second part, detention on remand which is one of the precautions that result in restricting the freedom has been approached and detention on remand in the European Convention on Human Rights and Turkish Law has been explained within the scope of jurisprudence and legislations, and permanent principles of the European Court of Human Rights have been exhibited. Key Words:European Convention on Human Rights, Liberty and Security of Person, Restriction of Liberty, Detention on Remand, Reasonable Time