Research Article

EVALUATION OF HOUSING AND WORKPLACE SEARCHES IN TERRORIST CRIMES IN THE CONTEXT OF HUMAN RIGHTS

Volume: 26 Number: 2 April 30, 2025
TR EN

EVALUATION OF HOUSING AND WORKPLACE SEARCHES IN TERRORIST CRIMES IN THE CONTEXT OF HUMAN RIGHTS

Abstract

This study examined the search of housing and workplace in terrorist crimes within the framework of the case law of the European Court of Human Rights. The study aims to minimize the human rights violations that may occur during housing and workplace searches. The method of the study is the application of the case law of the European Court of Human Rights to housing and workplace searches. Methodologically, the introduction part of the study reviewed the human rights violations that may occur in search operations or practices in the context of terrorist crimes. In the development section of the study, the way the European Court of Human Rights evaluates cases related to housing and workplace searches and the criteria that it applies were determined. Later, it was examined together with the Criminal Procedure Code No. 5271 examined by the European Court of Human Rights on housing and workplace searches. Then, the decisions of European Court of Human Rights related to relatively old-dated cases in Türkiye were examined and criticisms were provided against the European Court of Human Rights. In the conclusion section of the study, recommendations have been provided on how housing and workplace searches should be conducted in the context of human rights, in line with the data obtained from the case law of the European Court of Human Rights.

Keywords

References

  1. Centel, N and Zafer, H. (2012). Ceza Muhakemesi Hukuku. Beta Yayınevi.
  2. CMK (2024). https://www.mevzuat.gov.tr/mevzuatmetin/1.5.5271.pdf, accessed 12 March 2024.
  3. Çağlar, D. D. (2011). Ceza Muhakemesinde Adli Arama. TBB Dergisi, (92), 157-180.
  4. Çöpoğlu, H. S. (2019). Ceza Muhakemesi Hukukunda Arama Koruma Tedbirinde Belirlilik İlkesi. Ankara Barosu Dergisi, (1), 155-229. https://doi.org/10.30915/abd.556954
  5. Doğan, D. Ç. (2011). Ceza Muhakemesinde Adli Arama. TBB Dergisi, (92), 157-180.
  6. Dost, S. (2018). Uluslararası Hukukta Orantılılık İlkesi. Uyuşmazlık Mahkemesi Dergisi, (12), 361-399.
  7. ECtHR, Adırbelli and the Others v Turkey App no 20775/03 (2 December 2008) https://hudoc.echr.coe.int/tur#{%22fulltext%22:[%22ad%C4%B1rbelli%22],%22languageisocode%22:[%22TUR%22],%22respondent%22:[%22TUR%22]}.
  8. ECtHR, Ayetullah Ay v Turkey App nos 29084/07 and 1191/08 (27 October 2020) https://hudoc.echr.coe.int/tur#{%22tabview%22:[%22document%22],%22itemid%22:[%22001-210356%22]}.

Details

Primary Language

English

Subjects

Policy and Administration (Other)

Journal Section

Research Article

Publication Date

April 30, 2025

Submission Date

January 9, 2025

Acceptance Date

April 28, 2025

Published in Issue

Year 2025 Volume: 26 Number: 2

APA
Kaya, B. (2025). EVALUATION OF HOUSING AND WORKPLACE SEARCHES IN TERRORIST CRIMES IN THE CONTEXT OF HUMAN RIGHTS. Cumhuriyet Üniversitesi İktisadi Ve İdari Bilimler Dergisi, 26(2), 389-399. https://doi.org/10.37880/cumuiibf.1616280

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