Arrest in line with national and supranational judicial decisions

In our country, because it has heavy consequences for freedom and security of person, the most controversial one among the concepts of law is the arrest institution. In the European Court of Human Rights, one of the most common issues about that violation and compensation decisions are given against Turkey is the arrest institution under the right of freedom and security. In accordance with Article 90 of the 1982 Constitution, it has been guaranteed that the International Treaties put into force according to the procedures specified in the law will be accepted as law and therefore will be applied in our domestic law. As a result of this, our legislation has been tried to make compatible with the international legal order by making arrangements in accordance with international treaties in our domestic law. Undoubtedly, the thing that interests us most among the international treaties from the point of our position is European Convention on Human Rights (ECHR) because of both the regulations it introduces and its supervisory mechanism. Although the regulations in accordance with the ECHR have been made in our domestic law, there are often problems with the lawful implementation of the arrest measure in practice. Indeed, arrest measure has been perceived as a punishment for many years in Turkey and this perception has caused many grievances. Because of the problems about the implementation of the arrest measure, the purpose of our study is to examine the arrest measure within the right of freedom and security and to make comparisons in line with the decisions European Convention on Human Rights and the European Court of Human Rights at the supranational level; in line with the decisions of the Constitutional and Criminal Procedure Law and the decisions of the Constitutional Court at national level. Within the scope of the aim of our study, first of all "the right of freedom and security of person" which is the lawful value that arrestment intervenes and then "arrestment in the sight of general characteristics of protection measures" have been examined in detail within the framework of the decisions of the European Court of Human Rights and the Constitutional Court on this issue. In other words, the decisions of the Constitutional Court and the European Court of Human Rights on this issue and the approach of the ECHR and the Constitutional Court in the light of some case-law and have been studied and the criticisms directed against the practice bout arrestment has been mentioned. Key Words: Freedom of Person, European Court of Human Rights, Arrestment, Capture and Detention, the Right of Freedom and Security.