Compensation for protection measures

In order to provide the public order which breaks down by commiting an offense, the person or people who committed an offense must be identified. In criminal proceedings, prior to reach the material fact, to prevent the suspect or defendant from escaping, to forestall beclouding evidence regarding the crime and providing the judging procedure to happen in a healty way, precautions that are temporarily referenced and restrict individuals' fundamental rights and freedoms are foreseen. These precautions that can be represented as "protection precautions" are not penalty, they are only judicial remedy which contributes to reaching the material fact. In this context, just after the utility which was considered to be gained with protection precautions is obtained, applied protection precaution must be removed. Otherwise, it is no longer a precaution, but it is going to be in nature of punishment and individuals' liberty and security rights will be damaged. People whose rights and freedoms are violated because of protection precautions being used unfairly or in violation of the law, elimination of their victimization is a necessity of constitutional state. According to this, state must recover the victimization of people who suffer because of its unfair treatment. In this study, in criminal proceedings, people who suffer as tangible or intangible because of protection precautions which are used unfairly or in violation of the law and compensating this loss is analyzed in the context of ECHR's 5. Article and No.5271 CMK's 141-144. articles. With reference to this, in our study, primarily the concept of "protection precautions", common characteristics of protection precautions, their preconditions and the concept of "compensation" is emphasized. Additionally, historical development of liability for damages and liability for damages in international texts is examined. Subsequently, situations that requires paying compensation because of protection precautions which is predicted in CMK and situations in which compensation cannot be requested and their reasons are tried to be explained seperately with considering existing legislative changes. At the last chapter of our study; issues of the scope of the compensation, application for compensation and its method, courts of competent jurisdiction, revocation of the compensation and recoursing to the concerned due to the compensation that the state paid is tried to be investigated seperately.