Compensation for protective measures in criminal procedure law: A historical perspective

The primary aim of criminal procedure is to uncover the material truth. In pursuit of this objective, protective measures stipulated in the law may be employed temporarily, provided the conditions prescribed by law are met. These measures, which restrict individuals' rights and freedoms, are applied within the framework of the Constitution, the European Convention on Human Rights, the Criminal Procedure Code, and other legal regulations. The principle of prima facie legality dictates that a protective measure, deemed lawful at the time it is applied, may later be found unjust or unlawful. It is a requirement of the rule of law that individuals who suffer material and moral harm due to unjust or unlawful protective measures are compensated for their losses. This study examines the concept of compensation for protective measures as regulated in the Criminal Procedure Code No. 5271 (CPC), its historical development, and national and international legislative provisions on the subject. In this context, the study explores the relevant provisions of the 1961 Constitution, the 1982 Constitution, the Universal Declaration of Human Rights (UDHR), the European Convention on Human Rights (ECHR), the Law of February 12, 1923, the Law No. 466 on Compensation for Persons Unlawfully Arrested or Detained, the CPC, as well as various judicial decisions issued on the matter. The study is structured into three main chapters. In the first chapter, the historical development of regulations regarding compensation for protective measures is examined. The second chapter discusses the concept of protective measures, the legal nature of compensation for such measures, and the grounds for compensation under the CPC. The third chapter addresses the procedural and substantive aspects of compensation claims, the enforcement of court decisions, the recovery of compensation, recourse, and barriers to compensation.