Compensation Claims Due to Wrongful Arrest, Detention, and Seizure

Entrance

In democratic states governed by the rule of law, the restriction of individual liberty during criminal proceedings is strictly protected. Unlawful arrest, illegal detention, and seizure of propertydirectly affect the right to personal liberty and security. Therefore, the Constitution (Article 19), the European Convention on Human Rights (ECHR) (Article 5) , and the Code of Criminal Procedure No. 5271 (CMK) provide explicit provisions for the protection of individuals.

This article will examine in detail the legal basis for wrongful arrest, detention, and seizure, the conditions for compensation, the litigation process, the precedents set by the Supreme Court and the Constitutional Court, and the problems encountered in practice.

1. Legal Grounds

1.1. Constitutional Guarantee
Article 19/9 of the Constitution: “In case of violation of the right to personal liberty and security, those concerned have the right to claim compensation.” This provision clearly establishes the state's responsibility in the face of wrongful detention and arrest.

1.2. Provisions of the Code of Criminal Procedure

• Articles 141-144 of the Code of Criminal Procedure grant the right to compensation to individuals who have suffered harm due to wrongful detention, arrest, or seizure.

• Article 141/1 of the Code of Criminal Procedure: Persons who have been wrongfully detained, arrested, or subject to seizure orders may claim material and moral compensation from the state.

1.3. ECHR Provisions
Article 5/5 of the ECHR provides for an “effective remedy” in cases of violation of the right to liberty and security of person. As Turkey is a party to this provision of the ECHR, of the European Court of Human Rights (ECtHR) are also decisive in practice.

2. Subject and Purpose of the Compensation Claim

Compensation for wrongful arrest and detention aims to compensate for the physical, psychological, and economic losses suffered by an individual during the period in which they were deprived of their liberty.

• Financial damage: Lost income, medical and travel expenses, loss of earning capacity.

• Moral harm: The pain, suffering, and loss of reputation in society resulting from being wrongfully deprived of one's liberty.

3. Individuals Who Can Claim Compensation

According to Article 141 of the Code of Criminal Procedure:

• Those detained without the legal conditions being met.

• Those who are arrested without reasons for arrest or who are arrested disproportionately.

• Defendants who were acquitted or for whom no charges were filed .

• Individuals whose assets have been seized unjustly or unnecessarily.

For example, numbered 2016/21378 E., 2018/5445 K., the 12th Civil Chamber of the Supreme Court of Appeals ruled that a defendant who was unjustly detained for a long period should be paid 150,000 TL in moral compensation.

4. Competent and Authorized Court

• Competent Court: According to Article 142 of the Code of Criminal Procedure, compensation claims are decided by the High Criminal Courts

• Competent Court: The competent court is the high criminal court of the place to which the investigative or prosecutorial authorities that carried out the wrongful act are affiliated .

5. Time Limit for Filing a Compensation Claim

According to Article 142/1 of the Code of Criminal Procedure, a claim for compensation within 3 months , and in any case within 1 year . This period is a forfeiture period. Otherwise, the right to compensation is extinguished.

6. Amount of Compensation and Calculation

• Financial compensation: Based on the duration of detention/arrest, the average loss of income for the days the person is unable to work is calculated.

• Moral compensation: This is at the discretion of the judge; it is determined according to the social and psychological state of the victim.
  numbered 2017/1531 E., 2018/2486 K. , the 12th Civil Chamber of the Supreme Court of Appeals upheld the awarding of 80,000 TL in moral compensation to a person who was unjustly detained for 8 months.

7. Compensation Due to Seizure

Article 141/1-e of the Code of Criminal Procedure also grants the right to compensation to individuals whose property or assets have been unjustly seized.
For example, if a vehicle unrelated to a crime is seized and not returned for a long period, the individual can file a compensation claim against the owning state.

numbered 2015/3245 E., 2016/4482 K. , the 12th Civil Chamber of the Supreme Court of Appeals ruled that the company, which had no connection to the crime, should be awarded monetary compensation for the wrongful seizure of its bank accounts.

8. Proof and Trial Procedure

• The plaintiff must submit documents proving they have been wronged (detention report, acquittal decision, etc.) with their application.

• When determining the amount of compensation, the court takes into account the duration of detention/arrest, the person's income level, and the harm suffered.

• The case to simplified trial procedure .

9. Decisions of the Constitutional Court and the European Court of Human Rights

• Constitutional Court, Mehmet Eren Decision (2013): It was stated that prolonged detention violated the principle of "reasonable time" and that compensation for non-pecuniary damages was required.

• The ECHR, Demir/Turkey (2015): emphasized that the state must provide an effective remedy in cases of allegations of wrongful detention and ill-treatment.

10. Problems in Implementation

• Keeping compensation amounts low.

• Lack of uniformity in compensation calculations among courts.

• Long trial periods.

• Unlawful arrests can cause irreversible damage to the victim's professional and social life.

In its decision numbered 2021/7465 E., 2022/1248 K. , the Court of Cassation noted that the low compensation amounts did not adequately cover the harm suffered by the victim.

11. Claiming Compensation Against the State

According to Article 141 of the Code of Criminal Procedure, compensation lawsuits are filed against the state. The state recourse against the negligent judge or prosecutor (Article 129/5 of the Constitution). However, in practice, recourse lawsuits appear to be quite limited.

12. Legal Aid in Cases of Unlawful Arrest

Compensation lawsuits are not subject to court fees. Individuals with limited financial means legal aid under the Code of Criminal Procedure , and court costs are covered by the state.

Conclusion

Lawsuits for compensation for wrongful arrest, detention, and seizure are among the most important legal mechanisms protecting the fundamental rights and freedoms of individuals. In Turkish law, this right, guaranteed by Articles 141-144 of the Code of Criminal Procedure, Article 19 of the Constitution, and Article 5 of the European Convention on Human Rights, becomes concrete through judicial review.

However, in practice, problems such as insufficient compensation amounts, lengthy trial periods, and the failure to fully redress grievances exist. Decisions of the Supreme Court and the Constitutional Court are leading to progress in increasing compensation in these cases and establishing an effective redress mechanism.