Ömer Demirtaşoğlu - Academia.edu (original) (raw)

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Papers by Ömer Demirtaşoğlu

Research paper thumbnail of Avrupa İnsan Hakları Mahkemesi, Yargıtay ve Anayasa Mahkemesi Kararlarında Hükmen Tutukluluk Kavramı ve Kavramın Türk Hukukuna Uygunluğu Sorunu

DergiPark (Istanbul University), Jul 28, 2022

The right to personal liberty and security is a right which aims to protect the corporal liberty ... more The right to personal liberty and security is a right which aims to protect the corporal liberty of a person and prevent the arbitrary interferences in this liberty by the state. This right, which is one of the most important fundamental human rights, is guaranteed in our Constitution, European Convention on Human Rights and many documents. The concept of deprivation of liberty after conviction which is constituted by European Court of Human Rights with its precedents have been causing intense arguments in regard to the right to personal liberty and security. In this article, firstly, the emerge of the concept of deprivation of liberty after conviction and its effects on the judgments of European Court of Human Rights, High Court of Appeals and the Constitutional Court are analysed. Afterwards, compliance of the concept with Turkish Law is examined and some solution offers for the argument are proposed.

Research paper thumbnail of Avrupa İnsan Hakları Mahkemesi, Yargıtay ve Anayasa Mahkemesi Kararlarında Hükmen Tutukluluk Kavramı ve Kavramın Türk Hukukuna Uygunluğu Sorunu

DergiPark (Istanbul University), Jul 28, 2022

The right to personal liberty and security is a right which aims to protect the corporal liberty ... more The right to personal liberty and security is a right which aims to protect the corporal liberty of a person and prevent the arbitrary interferences in this liberty by the state. This right, which is one of the most important fundamental human rights, is guaranteed in our Constitution, European Convention on Human Rights and many documents. The concept of deprivation of liberty after conviction which is constituted by European Court of Human Rights with its precedents have been causing intense arguments in regard to the right to personal liberty and security. In this article, firstly, the emerge of the concept of deprivation of liberty after conviction and its effects on the judgments of European Court of Human Rights, High Court of Appeals and the Constitutional Court are analysed. Afterwards, compliance of the concept with Turkish Law is examined and some solution offers for the argument are proposed.

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