Right to fair trial within reasonable time and its' reflection on European Convention of Human Rights and Turkish Law

One of the most important principles of right to fair trial is right to fair trial within reasonable time. It's secured in ECHR 6/1 clearly and 36/1 of our constitution implicitly as a part of right to fair trial. This right is valid for both disputes arising from civil rights and obligations and conclude the criminal accusations. The purpose of the right to fair trial within reasonable time is protect people from abeyancy of judgement process, especially for the people who are accused with criminal charges. This right gives people right to demand in order to conclude their judgement process within reasonable time. The peremptory term of reasonable time is not regulated by ECHR and AYM. However, since every case have their own unique differences, features of the case is considered and assessed in order to determine if the judgement process is made in reasonable time. It is assessed according to how complicated the case is. The other key components are behaviour of the applicant, omission and negligence of competent authorities, structural problems, importance of the topic of dispute, etc. Furthermore, starting and ending time of the case is determined for determination of reasonable time. This situation differs from criminal and civil cases. The principle of reasonable time is not aiming to finish the case quickly. The objective is making judgement in a right and reliable way. The state should take measures in order to prevent the violation of right to fair trial within reasonable time. Case result is not important and influential on assessment of reasonable time. Claims that result will not change even if the case is resulted within reasonable time is not accepted on behalf of the state about determination of reasonable time. Keywords: Reasonable Time, Right to Fair Trial, Latency, European Court of Human Rights, European Convention on Human Rights, Constitutional Court.