Justice Says No to Arbitrary Police Search

Turkey's Constitutional Court has rejected an appeal made by a local tribunal to overturn legislation in the Police Duty and Jurisdiction Code that requires police officers to have "warrants issued by judges in accordance with procedures" to conduct searches.

The decision effectively ensures that Turkish police officers cannot conduct arbitrary bodily searches or search for possessions on suspects without prior permission from a judge and comes as result of an application made to the Court by the Hamur Criminal Court of Peace to terminate this need.

The article challenged by the Hamur court requires officers to have permission in advance when searching for any form of illegal weapon, explosives or possessions in an effort to prevent the commissioning of a crime. It rules that other than x-ray devices at airports and public institutions, police cannot conduct searches without this prior permission.

Accordingly, where there is urgency and a judge decision is not available, searches can be conducted only on written permission granted by the highest level local civilian authority.

The unanimous decision of the Constitutional Court refusing to abolish the article referred to article 20 of the Constitution concluding that "in searches that constitute an intervention in private life, a judge's decision should be secured".

It stressed that the rule that private life was untouchable was "one of the most basic human rights" and one that was guaranteed under conventions and laws. (KO/TK/II/YE)