Arrest in individual application decisions to the Constitutional Court

The individual application, which has been accepted in many European countries, is an important institution in today's societies and is a protection mechanism that individuals resort to in order to protect their fundamental rights and freedoms from public power. Arrest, which is the most severe protection measure since it involves an intervention in the constitutionally guaranteed right to personal freedom and security, can of course be referred to the Constitutional Court through individual application. It is important to review the arrest decisions given by the first instance courts in terms of the Constitution and the European Convention on Human Rights and contribute to preventing unjustified and arbitrary practices. This study investigates the aspects in which the Constitutional Court examines the decisions of the first instance courts regarding the measure of arrest. In this context, the measure of arrest is first addressed and then the institution of individual application to the Constitutional Court is addressed. Finally, the issues taken into consideration by the Constitutional Court in its decisions on individual applications for detention measures were examined.