Hostname: page-component-586b7cd67f-gb8f7 Total loading time: 0 Render date: 2024-11-25T23:35:09.620Z Has data issue: false hasContentIssue false
  • English
  • Français

The Admissibility of Improperly Obtained Evidence: The Turkish Approach in Comparative Perspective

Published online by Cambridge University Press:  21 July 2015

A. Vahit Bıçak
A. Vahit Bıçak*
Affiliation:
Police Academy, Ankara
Get access Rights & Permissions [Opens in a new window]

Extract

In order to secure the necessary evidence for bringing offenders to justice, law enforcement officers are given powers to invade the freedom of individuals in the process of criminal investigations. These powers are not, however, unlimited; in modern democratic states the relationship between the public authorities and individuals is governed not by the arbitrary exercise of power but by power exercised within the constraints of law. Having said that, law enforcement officers do not always exercise their powers within the permitted limits. Where law enforcement officers exceed their powers, evidence may be obtained to incriminate the suspect in trial. The question of whether such evidence can be taken as a basis for judgement in Turkish law is the main concern of this article.

Type
Articles
Information
New Perspectives on Turkey , Volume 14 , Spring 1996 , pp. 75 - 96
Copyright
Copyright © New Perspectives on Turkey 1996

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Amnesty International. 1986. Turkey: Testimony on Torture.Google Scholar
Askeri Adalet Dergisi (Journal of Military Justice). 1967. Vol 11, p. 51.Google Scholar
Bottoms, and McClean, . 1976. Defendants in the Criminal Process.Google Scholar
Coşkun, . 1972. Açıklamalı Askeri Mahkemelerin Kuruluşu ve Yargılama Usulü Kanunu (The Establishment and Criminal Procedure of Military Courts), p. 226.Google Scholar
Dennis, . 1993. “Miscarriages of Justice and the Law of Confessions: Evidentiary Issues and Solutions”, Public Law, vol. 291.Google Scholar
Eisman, . 1914. A History of Continental Procedure.Google Scholar
European Committee for the Prevention of Torture. 1993. “The Public Statement on Turkey”, The European Journal of International Law, vol. 4, 15 December 1992, p. 199.Google Scholar
Gudjonsson, . 1992. The Psychology of Interrogations, Confessions, and Testimony.Google Scholar
Irving, . 1980. Police Interrogation: A Case Study of Current Practice, Royal Commission on Criminal Procedure Research, study no: 2.Google Scholar
Irving, and Hilgendorf, . 1980. Police Interrogation-Psychological Approach Royal Commisson Research Study, p. 24.Google Scholar
Kassing, and Wrightsman, . 1985. Confession Evidence, the Psychology of Evidence and Trial Procedure, p. 76.Google Scholar
Kunert, . 1966. “Some Observations on the Origin and Structure of Evidence Rules under the Common Law System and Civil Law System of “Free Proof” in the Code of Criminal Procedure”. Buffalo Law Review, vol. 122, p. 144.Google Scholar
Kunter, . 1986. Ceza Muhakemesi Hukuku (Criminal Procedure Law), p. 23.Google Scholar
Linke, . 1971. “The Influence of the European Convention of Human Rights on National European Criminal Proceedings”, De Paul Law Review, vol. 21, pp. 397–420.Google Scholar
MacDougal, . 1985. “The Exclusionary Rule and Its Alternatives-Remedies for Constitutional Violations in Canada and the United States. 76, The Journal of Criminal Law and Criminology, 608, p. 627.Google Scholar
McConville, . 1993. Corroboration and Confession: The Impact of a Rule Requiring that No Conviction Can be Sustained on the Basis of Confession Evidence Alone, Royal Commission on Criminal Justice Research, study no: 13.Google Scholar
McConville, and Baldwin, . 1981. Courts, Prosecution and Conviction.Google Scholar
McCormick, . 1972. Handbook of the Law of Evidence.Google Scholar
Merryman, . 1985. The Civil Law Tradition: An Introduction to the Legal Systems of Western Europe and Latin America, p. 131.Google Scholar
Miller, and Boster, . 1977. “Three Images of the Trial: Their Implications for Psychological Research”, in Sales (ed) Psychology in the Legal Process.Google Scholar
Parliamentary Assembly of the Council of Europe (PACE) Political Affairs Committee. 1984. Report of Fact-Finding Visit to Turkey, 17 May, Doc. 5208.Google Scholar
Parliamentary Assembly of the Council of Europe (PACE) Legal Affairs Committee. 1984. Opinion on the Situation in Turkey, 7 May, doc. 5216.Google Scholar
Pakter, . 1985. “Exclusionary Rules in France, Germany and Italy”, Hastings International and Comparative Law Review, vol. 9, pp. 1, 4.Google Scholar
Pattenden, . 1991. “Should Confessions be Corroborated?” in The Law Quarterly Review, vol. 107, pp. 317–339.Google Scholar
Royal Commission on Criminal Justice Research study. 1993. Report, Cmnd. 2263.Google Scholar
Softley, . 1980. Police Interrogation: An Observational Study in Four Police Stations, Royal Commission on Criminal Procedure, Research Study no: 4.Google Scholar
Souris, . 1966. “Stop and Frisk or Arrest and Search- the use and misuse of Euphemisms”, Journal of Criminal Law, Criminology and Police Science, vol. 57, p. 251.CrossRefGoogle Scholar
TBMM Tutanak Dergisi, vol 11, p. 24.Google Scholar
Wigmore, . 1940. A Treatise on the Anglo-American System of Evidence in Trials of Common Law, 3rd ed., vol. 8., s. 2183, p. 5Google Scholar
Wilkey, . 1978. “The Exclusionary Rule: Why Suppress Evidence?”, Judicature, vol. 62, p. 216.Google Scholar
Witt, . 1973. “Non-coercive Interrogation and the Administration of Criminal Justice: the Impact of Miranda on Police Effectuality” in Journal of Criminal Law and Criminology, vol. 64, pp. 320–332.CrossRefGoogle Scholar
Yenisey, . 1991. Hazırlık Soruşturması ve Polis (Preliminary Investigation and the Police), p. 52.Google Scholar
Younger, . 1968. “Results of a Survey Conducted in the District Attorney's Office of Los Angeles County Regarding the Effect of the Miranda Decision upon the Prosecution of Felony Cases”, American Criminal Law Quarterly, vol. 5, pp. 32–39.Google Scholar
Zander, . 1979. “The Investigation of Crime: A Study of Cases Tried at the Old Bailey”, Criminal Law Review, pp 203–219.Google Scholar