The system of military penallaw within the framework of right to a fair trial

This study aims to display the repercussions, as one the most important fundamental human rights, of right to a fair trial in our judicial system in the light of the provisions of the military and other judicial areas signified and to make a contribution to our judicial system by means of showing the deficiencies in our legislation. Right to a fair trial includes the right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law, right to open public trial and to the presumption of innocence, right to be informed promptly of the nature and cause of the accusation, right to have adequate time and facilities for the preparation of his defence, right to defend himself in person or through legal assistance of his own choosing or, right to examine or have examined witnesses against him and to obtain the attendance, right to have the free assistance of an interpreter if he cannot understand or speak the language used in court.This nondiscrimination points out that the exercise of this right includes the military jurisdiction as well; therefore the rights signified must be observed in military jurisdiction as well. Keywords: Human rights, right to a fair trial, military jurisdiction, military courts.