Investigation phase in criminal procedure law in the context of right to a fair trial

Right to a fair trial, which makes the suspect and the accused the subject of criminal procedure law, has become a fundamental principle by placing this branch of law at the center of its historical development. As a matter of fact, one of the distinguishing features of today's democratic legal states is the balance established between the prosecution and the defense in the proceedings. However, the right to a fair trial is often understood in terms of criminal procedure law with a focus on the prosecution phase. However, this right is also important in the investigation phase. This is because arbitrary acts and actions during the investigation phase may lead to irreparable violations of rights. Moreover, in continental European legal systems, including Turkish law, the inconvenience of an investigation that does not recognize the existence of the defense is extremely high, considering that the prosecutor dominates the investigation with broad powers. From this point of view, this study will examine the status of the right to a fair trial during the investigation phase in the context of Article 6 of the European Convention on Human Rights and Turkish criminal procedure law.