Master'sOpen Access

Anonymous witness in the context of the right to a fair trial

2022
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Advisor: Prof. Dr. Adem Sözüer

Abstract (EN)

Witness testimony is one of the most used and important evidence in criminal procedure law. The fact that evidence of witness testimony's source is a human being causes this evidence to have more doubts in terms of reliability than other evidences. Therefore all provisions about witnesses in Criminal Procedure Code enviseged in a way to be sufficent to dissipate the doubt on witness testimony. Taking a part as a witness in a criminal proceedings is a public service given that it is an obligation for ones to do so. The important role that a witness undertakes in criminal proceedings renders that the witness may be exposed to the grave danger that originates from the accused or those acting on accused's behalf. The danger that arises from being a witness in a criminal case necessitates the protection of witnesses. Providing anonymity to a witness is a type of witness protection measure that aims to protect a witness during the time that person gives testimony in criminal proceedings. Implementation of these witness protection measures bars above-mentioned provisions to provide benefits that they have been expected to do so because of the fact that the essence of anonymous witness measures. As a natural consequence of it, anonymous witness measures raise some issues about the principles of the criminal procedure law and right to a fair trial.

Author

Dr. Semih Oğuz Aydın

How to Cite

Semih Oğuz Aydın (Master Thesis). Anonymous witness in the context of the right to a fair trial, 2022, İstanbul University.

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