Siyasi amaçlı tutuklama yasağı çerçevesinde İnsan Hakları Avrupa Sözleşmesi'nin 18. maddesinin kapsamı, uygulanması ve 18. madde ihlali kararlarının sonuçları

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Thesis Type: Postgraduate

Institution Of The Thesis: Galatasaray University, Sosyal Bilimler Enstitüsü, KAMU HUKUKU ANABİLİM DALI, Turkey

Approval Date: 2019

Thesis Language: Turkish

Student: BENAN MOLU

Supervisor: Demirhan Burak Çelik

Open Archive Collection: AVESIS Open Access Collection

Abstract:

Article 18 of the Convention stipulates that "The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed". Starting with the judgment Gusinskiy v. Russia in 2004, reaching a turning point in 2016 with Jafarov v. Azerbaijan and with an ever-changing and developing case-law, Article 18 has so far been applied chiefly in conjunction with the right to liberty and security under Article 5. For this reason, we will discuss in this thesis, how Article 18, which functions as an "early warning" for states which drift away from democratic values, can be used in situations where individuals are deprived of their liberty with purposes not prescribed by the Convention and the possible impact and results of a violation judgment given under Article 18.