The presumption of innocence in the framework of the European Court of Human Rights decisions

The purpose of the ECHR, which serves as a guide as it deals with rights in the broadest form in international legislation and is supported by the ECHR in terms of jurisdiction and sanctions, is to secure human rights, like many other national and international texts. This is why; By containing many provisions aiming to protect the individual from various aspects, it guarantees the protection of the subject not only from other people but also from the institutions and organizations of the state. An example of such provisions is the right to a fair trial, which requires that the process be processed by judicial authorities that guarantee fairness, independence and impartiality in any criminal or administrative proceedings. The right to a fair trial, stated in Article 6 of ECHR, not only protects the individual against the judicial powers during the trial process, but also serves as a fundamental right, as it includes many sub-principles. The presumption of innocence, which we can consider as an integral part of the right to a fair trial; It can be defined as the fact that a person is not considered innocent until his guilt is proven by a final court decision during the trial process. In essence, the presumption ensures that the person accused of a crime will be tried in a way that will not cause prejudice against other public opinion and institutions during the trial process, and that he will not be marginalized if he re-enters society at the end of the process. The principle of presumption of innocence in ECHR Article 6/2 is stated in our Constitution as "No one can be considered guilty until proven guilty." It is also included in Article 38 with the phrase: In this context, the fact that the presumption, which is considered an element of the right to a fair trial in international law, has taken its place as a provision in our laws creates a debate about whether the presumption is a principle or a right. In addition to this debate, it is also the subject of many debates, such as whether the presumption of innocence can be considered as a presumption or whether it can be used in terminology as the presumption of innocence.