Arrest and detention in Criminal Procedure Law

Though the arrest and detention protection precautions composing the subject of our study are precautions that are limiting the right and freedom of the person and they are ensured through European Convention on Human rights and other international conventions and in our national law they are arranged in detail particularly by Constitution and Criminal Procedure Law and other legal legislation. In the first chapter of our study consisting of three chapters the description of arrest and detention protection precautions, its difference from other concepts, basic principles, characteristics, the objectives of these precautions and the preconditions and provisions necessary for the application to these precautions, their changes within the historical process in Turkish law and how they are arranged in the international conventions were analyzed. In the second chapter, by taking the regulations in the legal legislation into account the implementation provisions of the precautions analyzed the cases of arrest and detention which are comprising the characteristic in terms of both the person and the situations. In the third and last chapter, the implementation of the arrest and detention precautions, their auditing and legal consequences were examined. Within our study the legal legislation in our national law was examined thoroughly and the critics composing our opinion were included in terms of the current law. The decisions of European Court of Human Rights were also mentioned in terms of the study whether the implementations that were carried out by the competent authorities were complying with the international regulations or not. In accordance with the conclusion reached as the result of the study, although in our national law there are detailed regulations related to these precautions the main important issue is whether the authorities and persons who are carrying out these precautions are applying them within the scope of rules and procedures specified in the law and perform these precautions within the frame of main rights and freedoms granted to the suspect and defendant. Key words: Right of Person's Freedom and Security, Protection Measure, Arrest, Detention, European Convention on Human Rights.