HAPİSHANE İDARELERİNİN YETKİLERİ VE HAPSEDİLEN HAKLARININ SINIRI

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2017

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TBB Dergisi

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Law
(2003)
Started in 2003 with 21 students, the Atılım University School of Law has so far graduated over 1700 students, and currently offers education for more than 1300 students. With the aim stressed by our Founding Dean Prof. Dr. Nami Çağan, we grant students with the background that allows them to access and evaluate information, rather than overloading them with information dumps during our education and training in the field of law. With a curriculum prepared with this approach and our mission in mind, we aim to graduate our students as actual legal experts who have internalized ethical rules, who are knowledgeable in terms of rules and institutions; and who are cultured, versatile, broad-visioned and inquisitive. In addition to basic courses in law conducted by our academic staff as pioneers of their field with respect to these principles, elective courses are available pursuant to current events such as those in mediation for legal disagreements, law and women, sports law, informatics law, media law and legal English; as well as law clinics to offer effective and interactive education. In addition, graduate and doctorate degree programs, alongside certificate programs such as those to train experts, peace-makers, mediators, and trustees in composition, are underway. A member of the European Law Faculties Association (ELFA), our School offers international relations and events, the Erasmus+ program, national and international fictional court contests, law and art days prepared by our student networks, or career forums in law to collaborate in the personal development of our students.

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Abstract

Bir kamu hizmeti sunan hapishane idarelerinin kullandığı yetkiler ile hapsedilenlerin idare ile ilişkileri diğer idari örgütlere göre özgün niteliklere sahiptir. İnsan haklarına duyarlı olan bu alanda son yıllarda Anayasa Mahkemesi hem anayasaya aykırılık, hem bireysel başvurularda çeşitli kararlar vermeye başlamıştır. Çalışmada genel bir sorun olarak başta yaptırım uygulama yetkileri olmak üzere hapishane idarelerinin yetkileri ile hapsedilen haklarının sınırı sorunu AİHM’in ve Anayasa Mahkemesi’nin konuyla ilgili kararları çerçevesinde incelenmiştir.

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THE AUTHORITY OF PRISON ADMINISTRATIONS AND THE RIGHTS OF IMPRISONED PERSONS
ABSTRACT: The authority of prison administrations and the re lationship between the administration and imprisoned persons has distinctive features. Turkish Constitutional Court has rendered some judgements on this human rights-sensitive issue in terms of uncons titutionality of the related Laws and individual applications. In this article, the competences of administrations -especially administrati ve sanctions- and rights of imprisoned persons has been analyzed in the light ofthe decisions of Turkish Constitutional Court and Europe an Court of Human Rights.

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law

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https://hdl.handle.net/20.500.14411/6336

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Diğer Yayınlar / Other Publications