The right to silence in the context of article 6 of the European Convention on Human Rights

The research is a specific study on the scope of the right to remain silent, its elements, the situations in which it is violated, and how this right is included in Turkish law, depending on the right to a fair trial in Article 6 of the European Convention on Human Rights. The right to a fair trial, which has continuously developed since Magna Carta, has found its place in the European Convention on Human Rights as one of the fundamental human rights. In this regard, the right to remain silent is an important element for the right to defense, as well as for a fair trial and the presumption of innocence. The right to remain silent is man's innate desire to defend himself. A person has certain rights regarding the crime he is accused of. Among these rights, the right to remain silent represents the state of silence towards accusations and questions directed at oneself. In the study, the existing processes of the right to remain silent in the context of Article 6 of the European Convention on Human Rights were also examined comparatively in other countries. Case-based studies are needed to understand what differences countries have in practice. At this point, Türkiye has determined its borders with the Constitution and the Code of Criminal Procedure. In this regard, some methods that would negatively affect the person's right to remain silent and his ability to express his statement with his own will were examined.