Detention and arrest , two of the most severe protection measures used in criminal investigations, have a direct impact on the fundamental right to liberty. However, not every arrest or detention may be in accordance with the law. Unfortunately, many people are unjustly deprived of their liberty without concrete evidence, due to false witness statements, material errors or investigative negligence.
Such situations damage not only a person’s freedom, but also his or her dignity, professional life and psychological health. That is why the legal system provides victims of wrongful arrest and detention with the right to seek compensation.
What isWrongful Arrest and Detention?
Wrongful arrest or detention is an unlawful restriction of a person’s liberty. Detention is a short-term measure of protection under the supervision of law enforcement officers. Arrest, on the other hand, is a temporary preventive measure with more severe consequences and is applied by court order.
If these procedures are carried out arbitrarily, without alegal basis, or outside the prescribed legal limits, they are considered to be unjustly applied to the person. The Constitution, the Turkish Code of Criminal Procedure and the European Convention on Human Rights provide for the right to sue the state for damages in such cases.
Who can sue for compensation?
The following persons have the right to claim compensation forwrongful arrest or detention:
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Those released after detention,
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People who were arrested and later acquitted,
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Suspects for whom a decision of non-prosecution was issued at the end of the investigation,
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People released without investigation,
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Individuals who were released withoutsentence after a long period of detention.
Compensation lawsuits to be filed by these persons cover both material damages and moral damages. The lawsuit is filed directly againstthe state; the individual responsibility of the public official who took the action is not addressed.
Which damages are coveredby compensation?
Material Damages:
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Loss of income The deprivation of wages and earnings while a person is unable to work,
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Dismissal or damage to professional reputation,
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Expenses incurred in thelegal process: Lawyers’ fees, transportation and litigation expenses,
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Interruption of education or damage to career plans.
Moral Damages:
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Pain, sadness and stress due to loss of personal freedom,
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Loss of public reputation and damage to social relations,
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Disconnections and emotional traumas in family life,
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Psychological effects: Anxiety, depression, post-traumatic stress.
All these damages can be presented to the court with appropriate documentation and witness statements. At this stage, we provide both legal and technical support to our clients in order to demonstrate the damages in a comprehensive manner.
How to File a Compensation Lawsuit?
Competent Court
The lawsuit is filed at the High Criminal Court ofthe place where the wrongful act was committed.
Time Limit
A lawsuit must be filed within 3 months from the finalization of the decision and within 1 year at the latest from the date of the incident. These periods are of a suspensive nature.
Required Documents:
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Acquittal or non-prosecution,
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Documents showing the duration of arrest and detention,
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Documentation of financial losses,
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Medical reports or witness statements supporting the moral damage.
All these documents play an important role in determining the amount of compensation. Preparing a complete case file strengthens the chances of a favorable outcome.
Things to Consider
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Missing the deadlines will result in a complete loss of the right to compensation.
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The lawsuit forcompensation can be filed afterthe finalization of the decision that the injustice has ended.
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The amount ofmoral compensation is assessed by the court according to the gravity of the incident and the victimization experienced by the person.
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Working with a professional lawyer during the application process ensures that the file is prepared correctly and the right is fully protected.
Haksız yere özgürlüğünden yoksun bırakılan bir bireyin yaşadığı zarar yalnızca fiziksel değildir. Toplumsal, mesleki ve psikolojik etkiler, uzun vadede ciddi mağduriyetler doğurabilir. Hukuk sistemi bu nedenle, yaims to compensate the victim by placing the responsibility for wrongdoing on the state.
As lawyer Atakan Ayhan, we offer professional support at every stage of the litigation process to compensate the damages suffered by victims of wrongful arrest and detention.
Contact Us
If you have been victimized by unjust arrest or detention and want to claim compensation for your damages, we can evaluate the legal process together.
You can contact us for detailed information and professional support in compensation cases against thestate.
