Supervision of communication for prevention in Turkish law

Technological developments are a factor that affects crime and the way it is committed, as it is in every other subject. Criminal behavior patterns that change and develop with technology have rendered classical measures insufficient in the fight against crime, especially criminal organizations, and have begun to push states to new action styles. After the First World War, peace could not be achieved in the world, and a more destructive war was encountered in a very short time. These two wars brought the right to life, which is the most important asset of human beings, to the forefront and fundamental rights and freedoms started to be protected by international regulations and organizations. One of these freedoms is undoubtedly the freedom of communication. In the light of ECHR norms and ECHR decisions, freedom of communication, which is one of the fundamental rights, was tried to be protected, and right violation decisions were made against the states that violated it. Although important regulations have been made both nationally and internationally, political powers, including our country, have made many abuses for the sake of their future under the name of security. The criticism that the balance between security and freedoms has taken a different view after the September 11, 2001 attacks, and has started to deteriorate sharply with the arrangements made towards the security side. But fundamental rights and freedoms should be protected with a shield whose rules and boundaries are drawn, without being left to the arbitrariness of states' mentality. Among the modern measures, perhaps the easiest to provide information, but one of the most difficult to implement is the supervision of communication. In our country, the freedom of communication, which is included in the 1961 Constitution, was explained in detail with the 1981 Constitution. However, since the authority and limits to interfere with this right must be in a legal arrangement, it is partially mentioned in the Law No. 4422, and finally, Supervision of Communication for forensic has been established in the CMK numbered 5271, and the Supervision of Communication for Prevention has gained a legal basis with the law numbered 5397. However, despite these regulations, some wrong practices are still encountered today. In our study, first the basic concepts and the historical process will be mentioned, and then some explanations will be made about the implementation of the measure and the solution proposals on some problems encountered in practice