Examination of supreme Court Decisions in the context of property confiscation

The measures stipulated in the Turkish Penal Code No. 5237 aim to combat crimes in order to ensure public order. While implementing these measures, it is inevitable to interfere with human rights. In addition to the obligation of the state to fight crime and maintain public order, it also has an obligation to protect the rights of the individual. For this reason, while implementing the envisaged measures, the interference with human rights must be in accordance with the law. In this regard, all state institutions, especially the judicial organs of the state, are obliged to observe human rights. In this study, based on the state's obligation to respect human rights specified in the 1982 Constitution, it was investigated whether the Court of Cassation made a uniform examination of property rights in its decisions on confiscation. Our subject of research is the right to property in the decisions of the Supreme Court on the confiscation procedure. Academic studies on the subject have generally evaluated the effects of confiscation on property rights within the scope of the European Court of Human Rights or the Constitutional Court, but have not conducted a specific Supreme Court review. For this reason, our study focused on the decisions of the Court of Cassation in the context of the subject. Our aim is to obtain general data on the attitude of the Court of Cassation as a judicial body on protecting and respecting human rights, especially through this example. In general, it is to provide data from the human rights perspective of the Turkish judicial system. For this purpose, in the first part; The historical development of the understanding of property rights, their protection, the characteristics of the property right, its limitation are explained. The limitation of the right to property has been made possible by interventions to be made in the "public interest" in some cases listed in the law. The confiscation procedure, which is one of the intervention tools, is discussed under the heading of limitation. In the second part, in the light of the decisions of the European Court of Human Rights and the Constitutional Court, it is discussed how the intervention made with the confiscation measure regulated in the Turkish Penal Code No. 5237 and the Criminal Procedure Code No. 5267, which is a constitutional right, is reflected in the decisions of the Court of Cassation. In the confiscation proceedings of the Supreme Court; It has been tried to reveal whether the property rights examination procedure provides a systematic uniformity and whether it takes into account the decisions of the European Court of Human Rights and the Constitutional Court, which conduct human rights examinations. In this context, property rights analysis was made through the decisions of the Court of Cassation on confiscation.