Fair trial in the Constitution of 1982

Right to a fair trial is one of the basic human rights, which is takenunder guarantee by many constitutions, international declarations andagreements. The mentioned right , all the main principles, and rules that itcontains are also protected not only by our constitution but also by theinstruments connected with it.Right to a fair trial is firstly found its obvious expression in theEuropean Human Rights Declaration. Some rights and principles thatconstitued the basis of the right to a fair trial are explained clearly in theDeclaration?s decisions. In addition, the other rights and principles aredetermined by the organs of the Declaration as the secret elements of the fairtrial.The fundamental element of right to a fair trial is the right of beingjudged in front of a legal, independent and neutral trial. Because, the validityof the other rights and principles in the judging activity can be supplied bysome musts. Those musts are the being of a place, which carriest out thejudging activity; the neutrality and freedom of the place; and beingestablished by laws. The right to be judged in accordance with justice, whichconcerns equality of arms; adversarial principle; right to remain silent; right tobe ready in trial; and right not to be witnessed against himself, forms anotherpart of right to a fair trial. In addition, right to be judged in reasonableduration, which prevents people seeking for justice or people who are judgedfrom being negligence of their trial procedure. Lastly, in order to provide a fairtrial that is appropriate with justice, it is an obligation to do trial publichearing. In that context, the trial that open to public is another necessity ofthe right to fair trial.Right to a fair trial is in a natural relation with innocence principle(ECHR article 6/2, Const. Article 38/4). Nevertheless, the innocence principleis a basic principle, which should be accepted at the beginning for a just trial,Because, the restriction of liberties of individuals and being deprived of themfrom basic rights and freedom are constitued an exceptional character. Theuniversal law principle, which says `the accused benefits from the suspect? ,is accepted by this aim. The least guarantees that given to accused by the 3.paragraph of the 6. article of the European Convention on Human Rights arethe necessary principles for a fair trial.As a conclusion, the object of this study, in which the necessity of rightto a fair trial is examined in three parts, is put forward the reflections of theright to a fair trial?s principles and laws, that is seen as one of the basichuman rights in the European Convention of Human Rights, to our lawsystem in accordance with 1982 Constitution and related laws. Furthermore,it is tried to provided an addition to the ideal one for our law system withmentioning to the problems, which are fountained from practical reasons orfrom the laws.