The problem of the effectiveness of the remedy in article 141 of the Criminal Procedures Act in the individual application (Constitutional complaint) procedure

In this study, it is examined whether the remedy included in the Article 141 of the Criminal Procedure Law No. 5271 is an effective remedy in terms of the individual application (constitutional complaint) mechanism or in which cases it can be effective. In this context; in the first part of the study, the condition of the exhaustion of remedies are examined and criteria of effective remedies are determined. In the second part of the study, the effectiveness of the relevent remedy has been tested in the light of the criteria of the regarding the effective remedy and it has been tried to be determined in which cases it can be considered effective. In addition to these, the problematic areas of the remedy are highlighted by including the approaches of the courts on the issues. In conclusion, it has been shown that the remedy in question cannot be accepted as an effective remedy with regard to the numereous being alleged violations.