Abstract:

Judicial control, as a part of protective measures, has the characteristic of being an interference to several fundamental rights and freedoms and causes the limitation of them. Hence, it is very important to evaluate the arrangements related to judicial control in the light of human rights. This article addresses the arrangements related to judicial control laid down in Criminal Procedural Law (“CPL”) in the light of human rights and tries to present the outcomes when these arrangements are considered within the context of the guarantees provided by Constitution and European Convention of Human Rights (“ECHR”). The evaluation is concluded in general by three findings in relation to the arrangements related to judicial control and the possible protection of fundamental rights and freedoms. Firstly, since some of these arrangements provides more extensive protection as regards fundamental rights and freedoms, it is considered that regarding these their implementation should continue. Secondly, as some of these arrangements cannot provide sufficient guarantees as regards fundamental rights and freedoms, it is suggested that regarding these the Law should be amended and as it stands, they should be interpreted in line with ECHR. Thirdly, since some of these arrangements could be in contradiction with fundamental rights and freedoms, it is thought that regarding these the Law should be amended and as it stands, the provisions of the ECHR should be applied directly

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