Constitutional Court Individual Application in Drug Cases - Long Detention

Since drug crimes are within the scope of catalog crime, the reason for arrest provides flexibility to the prosecutor's office; This often leads to complaints about long-term detention. Individual application to the Constitutional Court is an important legal remedy at this point.

Legal Framework

• Constitution Article 19: Personal freedom and security.
• ECHR article 5: The right to freedom and security; The detention must be within a reasonable period of time.
• CMK art.100-104: Reasons for arrest, duration.
• CMK article 108: Maximum limit of detention period (normally 2 years for heavy penalty + 3 years with extension; different for special crimes).

The Concept of "Reasonable Time"

The ECHR and the Constitutional Court check that the detention does not exceed "reasonable time". Factors:

• Complexity of the file.
• Number of defendants and organizational size.
• The level of diligence of the judicial authority (speed of judgment).
• The defendant's attitude to prolong the trial.

AYM Individual Application Conditions

• Exhaustion of domestic remedies (objection to the continuation of detention, appeal-appeal).
• The violation of rights is committed by the person directly affected.
• Application deadline within 30 days.
• Application form and reasoned report.

Constitutional Established Jurisprudence

The Constitutional Court has stated in various individual application decisions that even in drug cases, concrete evidence must be sought for "the special reason requiring detention" (escape, obscuring evidence, victim pressure) as well as "strong suspicion of crime" and that the severity of the crime alone cannot be the justification.

ECHR and Türkiye

The ECHR, in many of its decisions against Türkiye, has emphasized that long detention may be considered a violation of ECHR Article 5/3, and that national courts should carry out detention control "as meticulously as possible".

Practical Steps