On the individual application of the constitutionel court the right to fair treatment

The Right to a Fair Trial is one of the most fundamental elements which aims to protect the rights of the individual in terms of providing the legal order. The existence of individual rights as a requirement of democratic life is ensured by resolving the disputes by the judiciary. Within the scope of the Fair Trial, which is the one of fundamental rights guaranteed by the Constitution, the securing of the rights of individuals has been achieved through international and local regulations. In Turkish domestic law regulations, care has been taken to comply with the standards of the ECHR and the Constitution in general as regards the Right to a Fair Trial. The Constitutional Court also shows the same sensitivity in its decisions. However, the main problem arises when the principles that are included in the Right to Fair Trial are applied to the concrete case. The main reasons for individual applications to the Constitutional Court regarding violations of the Fair Trial Act can be listed as follows: obstruction of access to the court, the cases which is about both civil and criminal, is not carried out by an impartial and independent court established by law, not being informed in advance of the charges, lack of recognition of the right of defense. In this respect, with the adoption of the right of individual application to the Constitutional Court by our country, it is aimed to prevent the emergence of such violation decisions by regulating relevant laws and regulations about the Right to a Fair Trial.