Do Not Bring By Force
It refers to the forcible bringing of a suspect or accused who has sufficient reasons for issuing an arrest warrant or an arrest warrant against him, or who has been summoned for a statement or interrogation, but who does not comply with this, to the authority that made the summons in order to be present for these actions /transactions. (CMK m.146/1) On the other hand, it is also possible to forcibly bring a witness, expert witness, victim and complainant who did not come despite the call. (m.146/7) Forcible rendition is more aimed at ensuring that a criminal procedure is carried out.
Forced bringing does not necessarily require the use of force. It is the presence of potential coercion that gives this term its meaning.
As a rule, the decision to bring by force requires that the suspect or the accused has been summoned in advance. As a matter of fact, m.according to Article 145, the person whose statement will be taken or who will be questioned is summoned by invitation; the reason for being summoned is clearly stated; if he does not come, it is written that he will be brought by force. In addition, a decision may be made to forcibly bring a suspect or accused for whom there are sufficient reasons to issue an arrest warrant or an arrest warrant, without prior summons. (CMK m.146/1)
Again, in order for a decision to bring a witness, expert witness, victim and complainant by force to be made, it is necessary not to have come despite the call. (CMK m.146/7)
Although it is not considered among the protection measures in the CMK, forcible Decoy is also a type of protection measure. Because it is an interference with fundamental rights and freedoms before a judicial decision.
VARIETIES
There are two forms of forced fetching:
1-Forcible bringing of the suspect or the accused (m.146/1)
2-Forcible removal of persons other than the suspect and the accused (witness, expert witness, victim and complainant) (m.146/7)
On the other hand, the CMC stated that the provisions of withdrawal from testimony without reason in respect of expert witnesses who did not come despite the call (m.60) accepted its implementation. (CMK m.71)
As a result, it is possible to forcibly bring the suspect, the accused, the witness, the expert witness, the victim and the complainant.
CONDITIONS
The Person Who is Subject to the Measure
It is possible to collect these people in 3 groups;
1-The suspect or accused who did not come despite being called by invitation to take a statement or to be questioned (CMK m.146/1)
2-A suspect or accused for whom there are sufficient reasons to issue an arrest warrant or an arrest warrant (CMK m.146/1, 145)
3-Witness, expert witness, victim and complainant who did not come despite the call (CMK m.146/7)
THE AUTHORITY THAT WILL MAKE THE DECISION
The authority that will make the decision to bring by force is the judge, the court, or C. He is a prosecutor. (CMK m.146/4)
Coercion is a measure that limits freedom. In that case, such a decision should actually be made by the judge. However, it is an obligation for the prosecutor to be given the opportunity to make a decision on this issue. The prosecution authority shall exercise this authority in cases where it is inconvenient to delay.
DURATION
Forcible removal begins at a time when it will be justified for this and continues until the end of the interrogation or taking a statement by the judge, the court or the summoned Public Prosecutor. (CMK m.146/5). In that case, the measure of forcible removal ends by itself the moment the interrogation or taking a statement ends.
A suspect or accused summoned by a decision to bring by force is immediately taken before the summoning judge, court or Public Prosecutor within twenty-four hours at the latest, except for the travel period when there is no possibility, and interrogated or his statement is taken. (CMK m.146/4)
WHAT SHOULD BE INCLUDED IN THE DECISION
The decision to bring by force includes who the suspect or accused is clearly, the crime related to him, his description if necessary, and the reasons for bringing by force. (CMK m.146/2)
EXECUTION
An example of a decision to bring by force is given to the suspect or the accused. (CMK m.146/3)
A suspect or accused summoned by a decision to bring by force is immediately taken before the calling judge, court or Public prosecutor within twenty-four hours at the latest, except for the travel period when there is no possibility, and interrogated or his statement is taken. (CMK m.146/4)
THE STATE OF NON-FULFILLMENT
The reasons why the decision to bring by force cannot be fulfilled are determined by a report that the village or neighborhood headman and the law enforcement officer will sign together. (CMK m.146/6)
THE WAY OF THE LAW
The law does not provide for any legal remedies in this regard. In that case, the issue should be considered within the framework of general legal remedies.