Şüpheli ve Sanığın Ceza Muhakemesi İşlemlerine Katlanma Yükümlülüğüne Getirilen Sınır-Nemo Tenetur İlkesi

Abstract

In the Criminal Procedure Law, whose main objective is to uncover the material fact the defendant wants to contribute to this objective, he/she must do so with her free will. According to the nemo tenetur principle, no one can be compelled to make accusing statements or to offer evidence against him/herself or his/her relatives. The basis of this universal principle is the freedom to refrain from self-incriminating behavior.…

The jurisprudence of the European Court of Human Rights emphasizes that the defendant’s right to remain silent and the freedom to refrain from accusing him/herself must be protected against the abolition of the state through the use of force. Treating the suspect/defendant that represents the individual defense as the subject as a material object and processing him/her as a means of evidence without consent, would reduce the content of the nemo tenetur principle solely to the right to remain silent. We are of the opinion that if the sufferance obligation concept in the criminal proceedings is interpreted within the framework of the principles of proportionality and immunity of human dignity, results compatible with a modern criminal and criminal procedure law can be achieved.…