Kolluğun zor ve silah kullanması

Abstract

The state is obliged to provide public order and public peace as well as to prevent crimes in order to maintain security. The state performs such missions through law enforcement authorized by law. In general sense, the law enforcement system in Turkey is composed of police and gendarmerie. However there are special law enforcement agencies acting on limited and specific spheres. . . The maintenance of public order requires law enforcement. As a matter of fact, law enforcement officers might have been met with resistance during exercising their judicial and administrative duties. Because of this, as executive and discipline power of state, law enforcement officers are equipped with the authority to use force where the other public servants are not. Use of force is the authority that allows law enforcement officers to use body force, physical force or weapon under certain legal conditions, in gradually increasing levels according to the characteristics of the action, in order to get rid of resistance or attack. In a constitutional state which is democratic and respectful to human rights, the authority of law enforcement of the arm floats should be issued by law with its conditions. These limits are determined by the variety of national and international legislation and case law. Comparative law contains no explicit provision on each specific event, instead general principles are set to concrete events. Restrictions on the authority of enforcement are to prevent the misuse and arbitrary abuse of authority. According to national and international legislation, use of force and use of weaponry by enforcement officers against the rebels should be based on law, the officers must be desperate, in other words there should not be any other alternatives but use of force; finally, the principles regarding proportionality and graduality should be followed. The latest phase, fatal shooting is acceptable if only life of the arm float himself or that of someone else's in danger. Also the security operations which may cause death must be planned very well. Use of force is an actual intervention to fundamental rights and freedoms, human dignity, physical integrity, the right to life and freedoms. Therefore, use of force and weaponry by the law enforcement is linked to Art. 2 and 3 of European Convention on Human Rights protecting right of life and prohibiting torture. These rights are reflected in Art. 17of 1982 Constitution and within various provisions of legislation, as well. Only fulfillment of law order, legitimatedefense andunavoidable situations can justify use of force. Using their legal authority, in order to save themselves and to prevent damage to fundamental rights and freedoms, the law enforcement officers should know national and international legislation well, act non arbitrary, and behave in accordance with the conscious of democratic society. If law enforcement officers do not use the authority under these circumstances, and exceed "the determined limit of law and unavoidability", it is considered a crime that needs judicial and administrative investigation. In this case, according to characteristic of committed action, they are tried for torture or exceeding the limits of use of force which are set in criminal code.