Long-term detention may be a violation of Article 19 of the Constitution + Article 5 of the ECHR.
Detection of Violation
- Unreasonable period of detention
- Insufficient justification
- Failure to evaluate alternative measures
- Non-implementation of judicial control
Constitutional Court Process
- Individual while detention continues application
- Immediate review by the Constitutional Court
- Detection of violation
- Release + compensation
CMK Art.141 Compensation
- Unfair detention
- Extreme period of time
- After acquittal
- State pays
ECHR
- After domestic law + Constitutional Court is exhausted 4 month
- Turkey frequently decides against
- Compensation (usually in Euro)
Approach of the Constitutional Court and the ECHR
The Constitutional Court and the ECHR consistently adopt that detention is an "extraordinary measure" and that alternatives should be evaluated.
Criminal and human rights lawyer recommended.