AN EXAMINATION AND EVALUATION OF UNLAWFUL DETENTION DECISIONS WITHIN THE FRAMEWORK OF COMPENSATION LAW

Abstract

This academic study delves into the legal dimensions and practice of compensation rights that can be claimed as a result of unjust arrests, detentions, imprisonments, and seizures of property. In our justice system, the right to compensation is of critical importance in situations where the state unjustly infringes upon the basic rights and freedoms of individuals. Initially, the historical development of this subject is examined, providing a detailed look into how the modern legal system operates a compensation mechanism in the face of such rights violations. Following this general assessment, the relevant legislation and practices in Turkey are evaluated in the context of International Human Rights Law and the decisions of the European Court of Human Rights. This thesis analyzes in detail the adverse effects that deceptive or unjust practices of arrest, detention, and imprisonment have on the judicial system, and the lasting damage they cause on the quality of life of individuals. These analyses are carried out both through legal assessments and through the examination of distinct case examples. The final section of the study focuses on the consequences of the disproportionate use of asset seizure practices in Turkey. In the overall conclusion of the study, the importance of compensation claims that can be made in cases of unjust arrest, detention, imprisonment, and asset seizure is emphasized. Furthermore, recommendations are provided on how the legal framework can be improved to enable individuals to benefit more effectively from these rights.