AİHM’NİN ÖNLEYİCİ TUTUKLAMAYLA İLGİLİ VERDİĞİ KARARLAR BAKIMINDAN TEMELLENDİRİLEBİLİR AYRIMCILIK

Discrimination occurs in various contexts and it may be justified for several reasons in some situations. It is stated that some discriminations may be ethically justifiable. Preventive detention, one of these situations, is defined as the detention of dangerous persons in order to prevent a crime to be committed in the future. It is not always necessary for a preventive detention to be involved in a crime or have committed a crime in the past. In this paper, it is discussed whether preventive detention is ethically justifiable or not in the context of European Court of Human Rights’s cases, because preventive detentions are dealt with in detail in the cases before the European Court of Human Rights. In this regard, cases about preventive detention are analyzed within the scope of “no punishment without law” and “right to liberty and security”. In this study, the discussions made by the court are evaluated on the basis of these articles and it has been accepted that a “discrimination” has come into view for the prisoners. Whether decisions made by the court are ethically justifiable or not is handled in the light of ethical evaluation. In doing this, Ioanna Kucuradi’s ethics is taken as a base. In the light of her views, the result about ethical justifiableness of preventive detention is shared.