Electronic ankle monitors are a control tool that has gained increasing importance in the criminal justice system in recent years. While restricting freedom, they also facilitate social reintegration. The reason for their emergence is to reduce the burden on correctional institutions on the one hand, and to ensure that suspects, defendants, or convicts can be kept under control without severing their ties with society on the other. In Türkiye, electronic ankle monitors are used not only in the criminal procedure process but also in penal law and in areas of special protection such as domestic violence.

It would be wrong to view the electronic ankle monitor merely as a technical device. Essentially, this institution symbolizes a new approach adopted by the state in combating crime. While arrest and imprisonment were the only methods in the classical understanding, the principle of "restricting freedom with minimal interference" has come to the forefront in contemporary legal systems. The electronic ankle monitor is a concrete manifestation of this approach.

Definition of Electronic Ankle Bracelet

An electronic ankle monitor is a device attached to a person's leg or wrist that allows for continuous tracking. This device enables real-time monitoring of whether the individual leaves a designated area, approaches a victim, complies with house arrest, or fulfills their obligations. In fact, an electronic ankle monitor is not a punishment in itself; it is a technical implementation of a precautionary measure, an enforcement regime, or a protective order.

In this respect, the electronic ankle monitor constitutes a "partial restriction of freedom." Because the person is not completely free, but is not imprisoned either. They continue their daily life to a limited extent while remaining under state surveillance.

In what situations is an electronic ankle monitor used?

The application areas of electronic ankle bracelets can be grouped under three main headings.

Firstly, it is applied within the scope of judicial control in the criminal procedure process. Arrest is the most severe interference with liberty. However, even if there is a possibility of escape or tampering with evidence, if this risk can be eliminated with electronic monitoring, the judge may decide on an electronic ankle monitor instead of arrest. In particular, obligations such as "not leaving the residence" or "not approaching certain places" can be monitored with an electronic ankle monitor.

Secondly, this is encountered in penal law. In cases of probation where convicts serve their sentences within the community, compliance with their obligations can be monitored using electronic ankle bracelets. This method both prevents the convict from becoming isolated from social life and increases the state's power of control.

Thirdly, it is applied in special protection areas. Electronic ankle bracelets are used, particularly in cases of domestic violence and stalking, to ensure the victim's safety. The perpetrator cannot approach the victim's home or workplace; if they do, the system triggers an alarm, and law enforcement immediately takes action.

Authorized Courts that Made the Decision

The authority that decides on the application of electronic ankle monitors varies depending on the stage of the case. During the investigation phase, the Magistrates' Court has jurisdiction ; during the prosecution phase, the criminal court handling the case has jurisdiction. In the execution phase, the execution judgeship and probation directorates are responsible for supervised release measures . In domestic violence cases, the application of electronic ankle monitors is based on a protective and preventive measure decision issued by the Family Court.

At this point, the judges' assessment is extremely important. Because an electronic ankle monitor is not only a technical device, but also a measure that restricts a person's fundamental rights and freedoms. It is not possible to decide on this measure without considering the principles of proportionality, necessity, and balance.

Terms of Use

1. During the Criminal Procedure Process (Within the Scope of Judicial Control)

Electronic ankle monitors are most commonly "residential non-leaving" obligation. The conditions for this are:

• in cases where arrest would be considered disproportionate . In other words, while grounds for arrest may exist, it might be possible to achieve the same goal with a less stringent measure.

• a suspicion of escape or hiding . Electronic monitoring checks whether the person is at home and helps eliminate this risk.

• a risk of evidence being tampered with or victims/witnesses being pressured , this risk can be mitigated by electronically monitoring the person's movements.

• the principle of proportionality , electronic ankle monitors are applied only if no other mild measures (such as signing in regularly or a travel ban) can achieve the desired result.

2. During the Sentence Execution Phase (Probation)

After serving a portion of their sentence, convicts can spend the remainder of their sentence in community service until their conditional release. In this case, electronic ankle monitors are applied under the following conditions:

• The convict must have been granted the opportunity to benefit from supervised release.

• It should be deemed necessary to keep the individual under supervision during the process of their integration into society.

• For reasons of public safety, restricting the movements of the offender must be necessary.

• The probation office must have adequate technical and administrative resources.

3. Domestic Violence and the Protection of Victims (Law No. 6284)

One of the most important aspects of electronic ankle bracelets is the protection of the victim. Conditions:

• against the perpetrator , prohibiting them from approaching, nearing the residence, or contacting anyone .

• The victim must be at high risk of harm to their life .

• Electronic monitoring is necessary to ensure the measure is a deterrent and that violations are detected immediately.

• The perpetrator's history of violence, the victim's statements, and law enforcement reports are all considered in the risk assessment.

4. General Legal Principles

Before applying an electronic ankle monitor, the following principles must be observed in all cases:

• Legality: The basis for the measure must be explicitly found in the law.

• Necessity: Applied if the objective cannot be achieved with less stringent measures.

• Proportionality: It should be used in a way that restricts a person's fundamental rights and freedoms as little as possible.

• Proportionality: The severity of the crime and the intervention of the measure must be balanced.

📌 In short, electronic ankle monitors as an alternative to arrest, for monitoring purposes during sentencing , or when there is a need to protect the victim . However, in all cases, they should be considered a "necessary and proportionate" measure, not an arbitrary one.

Electronic Ankle Monitoring in Turkish Law and Which Crimes it Can Be Applied To

Electronic ankle monitors are a modern monitoring method used in the Turkish legal system, both during the criminal procedure process and the execution of sentences. They play an effective role, particularly in the implementation of judicial control and probation decisions, in protecting victims, and in ensuring public safety. However, the application of electronic ankle monitors is not arbitrary; it is possible only within the limits set by law and court decisions. The fundamental criteria here are the nature of the crime committed by the perpetrator, the victim's security needs, and whether a less severe but effective measure can be applied instead of detention.

Intentional Injury and Violent Crimes

One of the most common areas of application of intentional bodily harm (Turkish Penal Code Article 86). Electronic ankle monitors are used, particularly in cases involving domestic violence or physical assault in social settings, to ensure the victim's safety. When a court order prohibiting the perpetrator from approaching the victim or entering the shared residence is issued, whether this measure has actually been violated can only be determined through technical monitoring. At this point, the electronic ankle monitor plays a deterrent role in preventing the recurrence of violence.

Threat Crime

Threat (Turkish Penal Code Article 106) is a crime that disrupts the victim's life and creates psychological pressure. If the perpetrator is likely to act against the victim again, courts often issue a restraining order preventing them from approaching the victim. The effectiveness of this measure is ensured by electronic ankle monitors. If the perpetrator violates the designated distance, the system triggers an alarm, and law enforcement intervenes immediately. In this way, the safety of the person under threat is guaranteed through technical means.

Crimes of Sexual Assault and Sexual Harassment

sexual assault (Turkish Penal Code Article 102) and sexual harassment (Turkish Penal Code Article 105), electronic ankle monitors are of particular importance for the protection of the victim. This is because these crimes are often committed when the victim and the perpetrator live in close proximity, and often even in the same work environment or social circle. When a restraining order such as a "prohibition from approaching the victim" or "prohibition from communication" is issued against the perpetrator, the violation of this order can be detected immediately thanks to the electronic ankle monitor. This prevents the victim from experiencing further victimization.

Crime of Stalking

In recent years, stalking (Article 123/A of the Turkish Penal Code), which was added to the Turkish Penal Code, is one of the types of crimes for which electronic ankle bracelets are most suitable. The perpetrator's constant pursuit of the victim, going to their workplace or home, and attempts to communicate with them create intense fear and anxiety in the victim. In such cases, courts issue orders prohibiting the perpetrator from approaching the victim. However, the practical enforcement of this prohibition is only possible through electronic monitoring. Therefore, electronic ankle bracelets are the most effective protective tool in stalking crimes.

Crimes of Theft and Robbery

theft (Turkish Penal Code Article 141) and robbery (Turkish Penal Code Article 148). If the perpetrator is likely to continue committing crimes or lives in the same neighborhood as the victim, the court may prohibit the perpetrator from going to certain areas or order house arrest. Compliance with these obligations is monitored via the electronic ankle monitor. Especially in cases of repeated theft, keeping the perpetrator under constant surveillance is of great importance for public order.

Drug Crimes

drug trafficking (Turkish Penal Code Article 188) and possession of drugs for personal use (Turkish Penal Code Article 191) offenses is more commonly supervised release . In particular, convicts who have been referred for treatment or granted the right to serve their sentences within the community are monitored electronically. This allows for real-time monitoring of whether the individual is inclined to re-offend or whether they are complying with their probation obligations.

Domestic Violence and Violence Against Women Cases

One of the areas where electronic ankle bracelets are most frequently used Law No. 6284. This law provides for restraining orders and prohibitions against approaching the perpetrator to ensure the victim's safety. However, violations of these prohibitions are a common problem, especially in cases of domestic violence. Thanks to the electronic ankle bracelet, the perpetrator is prevented from approaching the victim; in case of a violation, law enforcement takes immediate action. Thus, the victim's protection is not only legal but also technically guaranteed.

📌 In summary:
Electronic ankle monitors intentional injury, threats, sexual assault, sexual harassment, stalking, theft, robbery, and drug offenses . Furthermore, domestic violence and violence against women .

How long does an electronic ankle monitor last?

Electronic ankle monitors are not permanent; they are applied for a specific period. House arrest orders issued under judicial supervision can last a maximum of two years. In exceptional circumstances, this period can be extended by another year. If the case is heard in a high criminal court, this period can be extended up to three years.

In domestic violence protection orders, the duration is shorter. They are usually issued for three or six months. If the victim's safety is still at risk, the period can be extended again.

In supervised release, the duration covers the period until the convict's conditional release. In other words, the electronic ankle monitor can be applied for as long as the convict has time left before leaving prison.

Method of Applying Electronic Ankle Monitors

The implementation of electronic ankle bracelets is a process with both technical and legal aspects. A device in the form of a bracelet is attached to the person's ankle or wrist. This device continuously transmits the person's location to a central system via GPS or radio frequency. The Electronic Monitoring Center within the General Directorate of Probation and Parole monitors this data in real-time.

If a person is under house arrest, they cannot leave their residence. If a restraining order has been issued preventing the perpetrator from approaching the victim, the area where the victim is located is designated as a "protected zone." When the perpetrator enters this zone, the system triggers an alarm, and law enforcement immediately intervenes.

In practice, the most important aspect of electronic ankle bracelets is their deterrent effect. Because the offender knows they are being monitored at all times, they are less likely to violate the ban. At the same time, the victim feels safer.

Removal of Electronic Ankle Monitoring and Appeal Procedures

The electronic ankle monitor order is not permanent. The individual can request its removal at any time. During the criminal proceedings, the Magistrate Court or the court handling the case will reassess the necessity of the measure upon request. If the risk of escape no longer exists, or if the victim's safety can be ensured through other means, the electronic ankle monitor is removed.

It is also possible to appeal against the decision. According to the Code of Criminal Procedure, appeals against judicial control decisions can be made to the higher magistrate court or court. During the enforcement phase, an appeal can be made to the enforcement judge. Appeals against decisions made under Law No. 6284 are also possible before the Family Court.

Deduction of Time Spent in Electronic Ankle Monitoring from Sentence

The time spent under electronic ankle monitoring is particularly important in cases of house arrest. According to the law, every two days spent under house arrest with the obligation not to leave the residence is deducted as one day from the prison sentence given by the court.

Other judicial control measures (such as signing in regularly or travel bans) are not subject to deduction from the sentence. This is because these are considered partial restrictions, not complete limitations on freedom. However, house arrest, due to its severely restrictive nature, is subject to deduction from the sentence.

Crime of Deliberately Breaking an Electronic Ankle Monitor

If the person wearing the electronic ankle monitor intentionally breaks or disables the device, this constitutes a separate crime. Firstly, a breach of judicial control or probation procedure will be initiated. In this case, an arrest warrant may be issued, or the probation may be revoked, and the person returned to prison.

Furthermore, since electronic ankle bracelets are state property, intentionally breaking them constitutes the crime of "damaging public property." The penalty for this crime is imprisonment or a fine. Therefore, the individual is held responsible both for violating the measure and for damaging public property.

Case Study – Drug Use Offence (Turkish Penal Code Article 191) and Probation

SG was convicted of "possession of narcotic substances for personal use" (Turkish Penal Code Article 191) and benefited from supervised release during the execution of his sentence. The court decided to release SG on the condition that he continue treatment at certain intervals and regularly sign in at the supervised release directorate.

To ensure compliance with these obligations and to keep SG under control within the community, an electronic ankle monitor was used. This ensured compliance with the obligations and reduced the risk of recidivism.

Legal Assessment: The legal basis here is Article 105/A of Law No. 5275 and Article 15/A of Law No. 5402. Electronic ankle monitors have become a tool contributing to the rehabilitation of convicts during the execution of their sentences.

                                                                                                                                                    Law Faculty Student Ada Ceren KENDİGELEN