| Paper title: | Evaluation of Effective and Full Investigation in the Context of the Decisions of the European Court of Human Rights on Terrorist Crimes and Recommendations for a New Constitution for Türkiye |
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| DOI: | https://doi.org/10.4316/CC.2024.02.09 |
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| Published in: | Issue 2 (Vol. 30) / 2024 |
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| Publishing date: | 2024-12-31 |
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| Pages: | 443 - 464 |
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| Author(s): | Burak Kaya |
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| Abstract: | This study provided suggestions highlighting the need for a new and civil constitution, evaluating the effective and full investigation in the context of human rights. This study highlights that arbitrary or incomplete practices of prosecutors and judges in the investigation phase could be prevented with a new and civilian constitution and thus impartial and independent conduction of the investigation phase will have a constitutional guarantee. The adopted method of the study is to evaluate an effective and full investigation in the context of human rights and present recommendations accordingly. The introduction part of the study is about why a new constitution is needed in Türkiye. The concept of investigation is explained in the development section of the study. Then, the ethical principles that prosecutors and judges should consider, that is, the principles that may affect the investigation, are discussed through the allegations provided through concrete examples. Following the principles, the accessible decisions and case laws of the European Court of Human Rights regarding an effective and full investigation have been examined in the study. Suggestions are provided in the conclusion section of the study for a new and civil constitution based on the data obtained in the development section of the study. |
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| Keywords: | Human Rights, Investigation, Principles, Case Law, European Court of Human Rights, Recommendations, Constitution. |
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