The constitution dated 1982 and Turkish Criminal Prosedure, the European Written Agreement of Human Right and the European Court of Human Right prosedure and the presumption of innocence

The Presumption of innocence is the decleration of a person innocent who is accused of any crime until the crime that he/she is accused of by a court decision is accepted with evidences compatible for legal system as a result of the adjudication which is carried out in a decretorial way. That principle has been pointed out in many international written agreements. In this respect it can be seen that the principle is included in the Universal Decleration of Human Rights and the European Written Agreement.of Human Rights. The principle is evaluated as the element of the right to a fair trial by the European Court of Human Rights. The Presumption of Innocence organization first appeared apparently in our law in the Constitution dated 1982. Although it was claimed that the principle appeared in our law enforcement originating from Islamic Law prior to the organization, the principle as a written rule did not exist prior to the Constitution dated 1982. In terms of its function, the Presumption of Innocence is also closely related to the criminal prosedure establishments that have become universal about the accused?s benefiting from the right to remain silent, evidence, and suspicion. The Presumption of Innocence is the right that all people and institutions should respect for. The press organs have the right to report the news and to comment on enquiry and criminal prosedure, but in the use of that liberty, the press institutions should respect and care for the Presumption of Innocence rights of the people who are prosecuted and inquired and act in accordance with that right. In order to save the individual rights originating from the Presumption of Innocence in the Turkish Criminal Law, the right originating from the presumption has been taken under preservation by organizing acts against the execution of that right. It is observed that the Constitutional Court and the Supreme Court also carry out the evaluation under certain circumstances and in some conditions by taking the presumption into consideration. But, that evaluation is not as deep and comprehensive as the evaluation of the European Court of Human Rights. The national inquiry and adjudication should pay regard to the judicial opinions of the European Court of Human Rights in the practices, comments, and evaluations related to presumption because of the fact that the opportunity of practising the international written agreement directly according to the 90th clause of the Constitution.dated 1982 was brought about and the European Written Agreement of Human Rights is a written agreement in the respect, and also, the criminal jurisdiction of European Court of Human Rights was accepted in our country.