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Right to trial within a reasonable time within the decisions of the Constitutional Court and the European Court of Human Rights

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2025
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Abstract (EN)

This study examines the right to a trial within a reasonable time was addressed within the decisions of the Constitutional Court and the European Court of Human Rights. In addressing the topic, reference is made to the relevant provisions of the European Convention on Human Rights, our Constitution, and other international legal instruments. Before delving into the analysis of the right to a trial within a reasonable time, the right to a fair trial, as guaranteed by these instruments and outlined in Article 6 of the European Convention on Human Rights, is first examined. The criteria formed as a result of the decisions made in these courts were discussed by referring to the precedents of the European Court of Human Rights and the Constitutional Court. In this thesis, the importance and legal nature of the concept of the right to a fair trial, its historical development and the development of the right in the Ottoman State and the Republic of Türkiye period, the scope of the right to a fair trial and its applicability to civil rights and obligations in the normative field and disputes regarding a criminal charge, the elements of the right to a fair trial, the purpose and legal nature of the right to a fair trial, the regulations regarding the right to a fair trial in a reasonable time in terms of the European Convention on Human Rights and Turkish law, the criteria for determining a reasonable time and the fact that domestic remedies are not required to be exhausted in terms of applications regarding this right, the reasons for violations of a reasonable time and the Compensation Commission established by Code No. 6384 and the implementation of target durations in judicial processes were examined.

Author

Ezgi Yıldırım Türken

How to Cite

Ezgi Yıldırım Türken (Master Thesis). Right to trial within a reasonable time within the decisions of the Constitutional Court and the European Court of Human Rights, 2025, Trakya University.

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