Témoignage anonyme dans le cadre du droit au procès equitable

In criminal procedure the accused may use various methods of intimidation towards witnesses in order to prevent them from giving statement which is important evidence in revealing the material facts of the crime, and the life and physical integrity of witnesses and their families are therefore put into danger. States have developed certain measures of witness protection against these witness intimidation methods. Witness anonymity, which is not regulated under the legislations in Turkish law, implies the concept which encircles the procedural measures providing concealment of the identity of the person giving evidence during the trial. Exceptions brought by the witness anonymity measures to the method of hearing of the witnesses in criminal procedure have direct influence on the principles of evidence and on the right to a fair trial. It is therefore aimed to analyse the restrictions on the right to a fair trial in terms of the conditions of application, methods of application of witness anonymity measures and also the evaluation of the statement obtained from the anonymous witness.