REVIEWS AND RECOMMENDATIONS ON REGULATIONS INTENDED TO BE MADE IN CRIMINAL PROCEDURE LAW FOR PREVENTING LIMITATION OF LIBERTY OF PERSON DUE TO DEFECTS CAUSED BY IMPLEMENTATION WITHIN THE FRAMEWORK OF ACTION PLAN ON HUMAN RIGHTS

Abstract

Liberty and security of person is set out with the Article 5 of ECHR and the Article 19 of the 1982 Constitution Act. The most violated situations of liberty and security of person reveal in criminal investigations and prosecutions. The right to liberty and security of the person can be seriously and unfairly intervened in protection measures such as catch, detention, arrest, judicial control. For this reason, thanks to the Action Plan on Human Rights (APHR), prevention of these interventions against the liberty and security of person is aimed. There are three main aims and eight sub-aims in total within the scope of APHR's aim to strengthen liberty and security of person. Some of these sub-aims do not directly relate to criminal procedure law and the achievement of the aims depends on the proceedings or actions of administrative bodies. Most of the sub-aims relate to the protection measures included in the Criminal Procedure Act and the investigation and prosecution processes. In practice; the judicial bodies do not show sufficient attention and care in terms of liberty and security of person in the proceedings for arrest, forced retrieval, questioning and interrogation. In this regard, ARHP will provide an important assurance in terms of preventing interventions against the liberty and security of person.