Özet:

With the amendments in the Constitution of 1982 that was inured on 12.09.2010, the right to individual application to the Constitutional Court have been recognized for natural persons and legal persons of private law. However legal transactions that could be subject to the individual application must be compulsary and binding transactions of public power In terms of both Turkish legal regulations and provisions and European Convention on Human Rights, it’s a well-known fact that some of the arrest verdicts that have been reached in our country are lack of the qualifications which is indicated in the statutes and Convention. İn addition, it is not foreseen a judicial review option but objection to unlawful arrest verdicts. For this reason, after the denial of objection, that kind of verdicts almost show effect of final decisions, which means this verdicts * Prof. Dr., Gazi Üniversitesi Hukuk Fakültesi Anayasa Hukuku Öğretim Üyesibecome compulsary and binding decisions of public power. İn other words, with the arrest verdicts that obtains executable qualification, the right to liberty and security of person foreseen both our Constitution and European Convention on Human Rights are violated. And this violation occurs with judicial decisions arisen from usage of public power. Therefore the right to individual application against arrest verdicts should be acceptable

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