The system of military ( penal ) law within the framework of right to a fair trial

As one of the indispensable components of the democratic society and rule of law, right to a fair trial, due to its profound importance, was arranged in the article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Right to a fair trial includes the right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law, right to open public trial and to the presumption of innocence, right to be informed promptly of the nature and cause of the accusation, right to have adequate time and facilities for the preparation of his defence, right to defend himself in person or through legal assistance of his own choosing or, right to examine or have examined witnesses against him and to obtain the attendance, right to have the free assistance of an interpreter if he cannot understand or speak the language used in court. In our country, military courts obtain their legal foundations from the constitution. The rules and principles arranging the establishment and functioning of these courts are specified in the article 145 of the constitution. According to the article 36 of the constitution regulating the right to a fair trial, ?everyone has the right to a fair trial? regardless judicial, administrative and military law. This non-discrimination points out that the exercise of this right includes the military jurisdiction as well; therefore the rights signified in the article 6 of the ECHR must be observed in military jurisdiction as well. This study aims to display the repercussions, as one the most important fundamental human rights, of right to a fair trial in our judicial system in the light of the provisions of the military and other judicial areas signified in the 1982 constitution, and to make a contribution to our judicial system by means of showing the deficiencies in our legislation. Key Words: 1) European Convention on Human Rights, 2) European Court of Human Rights, 3) Right to