The right to a fair trial as a basic human right

The right to a fair trial, which became a constitutional right in 2001 by the change in 36th article of the Constitutional Law, forms majority of the penalties given about our country by European Court of Human Rights so that it is an important issue that mostly occupies both the national and international agenda.The right to a fair trial, which has been subjected as one of the most essential human rights in international manifestoes, international conventions, constitutional laws and laws since Magna Carta; fulfills it?s meaning in European Convention on Human Rights in true sense. The right to a fair trial which is handled at Article 6th of the Human Rights aims to run a hearing in justice and fair.The right to a fair trial is essential element of the states governed by the rule of law and joint heritage of the party states of the convention; plays a major role in terms of maintaining other rights which are determined in European Convention of Human Rights in conventional system.The goal of our study is to make it easier to understand the right to a fair trial, which concerns the whole trial system and its enforcement personnel, by analyzing its scope, its practicing fields and its elements in the light of European Human Rights Court practices, the historical development process of the right to a fair trial and article 6 of the European Convention of Human Rights.As a result, to achieve activation of the right to a fair trial; major actors of the trial process judges, prosecutors, solicitors and the other assistant staff who takes part in execution of justice need to adopt the right to a fair trial in spirit not literally. In this context they need to comment the right to a fair trial and execute it in the light of European Court of Human Rights convictions.