Detection Of Communication

Detection Of Communication

Detection of communication; It is the retrieval of the telephone records of the persons, and the determination of with whom, during what period and at what time intervals the persons met with these records.

CAN SPOUSES REQUEST DETECTION OF COMMUNICATION?

In the previous practice, it was possible to request the detection of the communication not only of the parties to the case, but also of third parties. The court would accept these requests and write a letter to the communication operators and communication details would be obtained. This was a practice contrary to the right to privacy and freedom of communication enshrined in the Constitution. In current practice, the issue of unlawful evidence is widely examined and this framework is expanded with various interpretations. Thus, violation of the rights and freedoms of the parties and third parties is prevented.

Detection of communication may be requested by the parties from the court and the court may accept these requests and request the detection of communication. In a way, the court becomes an intermediary regarding the communication records of the spouses. The legal limits of requesting the detection of communication is a controversial issue. So, is the practice of communication interception a lawful practice? While the debate on this issue is still ongoing, the interception of communication is an interference with the freedom of communication and private life enshrined in our Constitution.

THIRD PARTIES OUTSIDE THE CASE MAY REQUEST THE DETECTION OF COMMUNICATION CAN IT BE REQUESTED?

Although some courts accept the requests of third parties outside the case as a result of the detection of communication, these requests of third parties outside the case are against the law.

CAN ONE OF THE SPOUSES ASK THE COURT TO DETERMINE WHETHER THE OTHER SPOUSE IS STAYING IN A HOTEL WITH THIRD PARTIES?

In this case, the parties may request the court to write a writ to the police and ask the court to ask whether the defendant spouse has stayed in a hotel with another woman or man. The court may also decide to write a writ to the police in this direction. However, it is unlawful for people to find hotel records with their own means and present them to the court, and these records cannot be taken as the basis of the judgement by the court since the records presented in this way are unlawful evidence.

This is contrary to the principle of freedom of communication and inviolability of private life regulated in our Constitution. The fundamental rights and freedoms regulated in our Constitution can only be restricted by law and this fundamental right can only be interfered with by a judge’s decision.

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