Detection of communication; bringing phone records of people, along with these December, it is necessary to determine who, during what time and in what time intervals people are talking with.
CAN SPOUSES ASK FOR THE DETECTION OF COMMUNICATION?
In the previous embodiment, the parties to the case are not 3. It could also be requested to determine the communication of people. The court accepted these requests and wrote to the customer’s contact operators and provided contact details. This was a practice contrary to the privacy of private life and freedom of communication contained in the Constitution. In current practice, the issue of unlawful evidence finds wide scope of examination and this framework is expanded with various interpretations. 3 of the parties and so on. Violation of the rights and freedoms of persons is prevented.
The determination of communication may be requested by the parties personally from the court, and the court may request the determination of communication by accepting these requests. As a kind of court, it is made an intermediary in relation to the communication records of the spouses. The legal limits of requesting the detection of communications are a controversial issue. So, is the application of communication detection a lawful application? While the discussion of this issue is still ongoing, the detection of communication is an interference with the freedom of communication and private life contained in our Constitution.
OUT OF CASE 3. DETECTION OF CONTACTS
CAN HE ASK FOR IT?
Although the requests of third parties outside the case as a result of the determination of communication are accepted by some courts, these requests of third parties outside the case are contrary to the law.
ONE OF THE SPOUSES IS THE 3RD OF THE OTHER SPOUSE. CAN HE ASK THE COURT TO DETERMINE WHETHER HE IS STAYING AT A HOTEL WITH PEOPLE?
In this case, the parties may request the court to write to the security department and ask if the defendant spouse is staying at any hotel with another woman or man. In this direction, the court may also decide whether to register a client with the security service. But it is against the law for people to find and submit hotel records to the court at their own expense, and since the records submitted within this context are evidence against the law, these records cannot be based on the court’s decision.
This is contrary to the principle of freedom of communication and inviolability of private life, which is regulated in our Constitution. Fundamental rights and freedoms regulated in our Constitution can only be limited by law, and this fundamental right can only be interfered with by a Judge’s decision.
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