Title of article :
THE RIGHT TO BE BROUGHT BEFORE A JUDGE IN TURKEY IN TERMS OF THE COMPLIANCE WITH THE EUROPEAN CONVENTION ON HUMAN RIGHTS
Author/Authors :
alan, talip uludağ university - faculty of economics and administrative sciences - department of international law, Bursa, Turkey , reçber, kamuran uludağ university - faculty of economics and administrative sciences - department of international law, Bursa, Turkey
Abstract :
International conventions affect the national laws of states and encourage them to make necessary regulations in line with international standards. Turkey, as a member of the Council of Europe, and as a State Party to, is obliged to make compliant its domestic law with the European Convention on Human Rights (ECHR). The right to be brought before a judge is guaranteed under the ECHR. This right is a guarantee against the arbitrary deprivation of liberty. The current study scrutinizes the regulations and practices regarding “the right to be brought before a judge” in Turkish law including the article 5 of the ECHR. After questi-oning whether Turkish municipal law complies with the ECHR, the study argues that the regulations regarding ‘the right to be brought before a judge’ and related practices in Turkey are substantially in line with the case law and thus with the ECHR.
Keywords :
European Convention on Human Rights , European Court of Human Rights , Arrest , Detention , Be Brought Before a Judge
Journal title :
Selcuk University, Journal Of The Faculty Of Law
Journal title :
Selcuk University, Journal Of The Faculty Of Law