The compensation due to protection measures
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Abstract (EN)
The thesis, called "The Compensation due to Protection Measures", consists of four sections. In the first chapter, generally the right to liberty and security will be reviewed in terms of the domestic law and ECHR. Both the right to liberty and security and how it is regulated in the domestic law will be mentioned besides addressing which measures and mechanisms have been foreseen to protect it. The general features and implementation conditions of these protection measures will also be explained. In the second chapter, the protection measures which are subject to compensation such as seizing, detention, arresting, searching and confiscation will be explained within the frame of the doctrine and legal legislation. It will also be discussed when to apply for the protection measures, their way of implementations and the conditions against the law. In this chapter, mostly arresting will be discussed, which is subject to the compensation most. In the third chapter, via explaining the concept of compensation which is the basis of our thesis, the violation of right that is subject to compensation will be discussed individually in consideration of justice and ECHR decisions. The required provisions to be able to claim for compensation will be evaluated as well as discussing the procedure of claim for damages, the types and computation of the compensation and the state's right to recourse. In the fourth chapter, via mentioning about the legal nature of the right to individual appeal to Constitutional Court, which has been existing in our laws since 2012, the requirements to apply for it, the decisions given during its application and the capability of preventing human rights violation will be discussed. In conclusion and assessment chapter; the problems experienced during application and its solution offers will be presented. Moreover, it will be emphasized that the standard of being democratic for the regimes of the states is measured by its observance to the rights. Apart from their regulations, the necessity for the internalization of the rights will be promoted as well as the state's respect to law. The fact of violation of the right to individual appeal has to be compensated for in a short time is highly substantial and it will be emphasized that the similar assurances need to be obtained in our law.
Author
Ömer Günen
How to Cite
Ömer Günen (Master Thesis). The compensation due to protection measures, 2014, Çağ University.
Keywords
License
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