Within the scope of fair trial to be tried by an impartial and independent court

The right to a fair trial is an indispensable element of the constitutional state. Because the process of the fulfillment of justice is as important as the provision of justice. In this context, the right to a fair trial is guaranteed in many national and international instruments. Right to a fair trial at constitutional guarantee in Turkish law. Turkey is a party to the European Convention on Human Rights. The right to a fair trial is detailed in Article 6 of the European Convention on Human Rights. The principle of the rule of law requires that the judiciary be independent and impartial. Independent and impartial judiciary is the most important element of the right to a fair trial. It is not possible to speak of the right to a fair trial without establishing an independent and impartial judicial system. In the first part of this study, the concept of the right to a fair trial and the historical process of the right and the elements of the right to a fair trial within the scope of the European Convention on Human Rights, in the second part the right to be tried by the impartial and independent court which is the most important element of the right to a fair trial is explained. In addition, the judgments of the European Court of Human Rights and Supreme Court on this matter are included in our study. Keywords: Fair Trial, Impartial and Independent Court, ECHR.