Torture crime (TPC Art.94-95)

In this study titled as "Torture Crime (TPC art. 94-95)"; the act of torture that exterminates the dignity, perception, discretion, willpower and freewill as well as the moral and material integrity of a human person has been comprehensively studied. In this regard, what is to be comprehended from the act of torture, the differences between the Ex-Turkish Penal Code (Ex-TPC) and the New-Turkish Penal Code (New-TPC) numbered 5237, the values protected by a crime, the differences of the act of torture from the similar crimes, the elements of the crime, the correlation between the prohibited interrogation methods and the act of torture, how to assess the unlawful evidences have also been studied herein. The place of the act of torture within the international instruments, the absoluteness of the prohibition of torture, the place of the international instruments in our domestic law pursuant to the art. 90 of the Constitution, the reflections of the international researches on our domestic law in pursuance of being a party to the international agreements, the measures taken in this context, proposals for the prevention of torture, the responsibilities that we have as the individual, as the community and as the state have been argued in this study. Throughout this study; the decisions of the European Court of Human Rights (ECHR) as well as the verdicts of the Constitutional Court and the Supreme Court of Appeals, the reports of the Grand National Assembly of Turkey Human Rights Investigation Commission concerning the penitentiaries and the reports of the nongovernmental organizations (NGO) are reviewed and referred. Keywords: Torture, New-Turkish Penal Code (New-TPC) numbered 5237, Dignity of the Human Person, Freewill, Absoluteness of the Prohibition of Torture, Elements of the Crime, Proposals for the Prevention of Torture.