Özet:

No one shall be deprived of his liberty save in the certain cases and in accordance with the procedure prescribed by law. The right to liberty and security is of highest importance in a “democratic society” within the meaning of the Constitution and Convention. In proclaiming the “right to liberty”, Article 19 of the Constitution and Article 5 of the Convention contemplates the physical liberty of the person; its aim is to ensure that no one should be deprived of that liberty in an arbitrary fashion. A person may be detained under Article 19(3) of the Constitution and 5(1)(c) of the of the Convention only in the context of criminal proceedings, for the purpose of bringing him before the competent legal authority on suspicion of his having committed an offence. In this study, the concept of crime, the reasons of arrest, the concept of reasonable suspicion, the purpose of arrest, matters relating to the custody and detention conditions were examined from the point of individual application

Anahtar Kelimeler: