Presumption of innocence in the Constitutional context

The presumption of innocence is a universal principle of law which expresses that a person who is under crime is considered innocent until the guilt is proven with a definitive court order. The presumption of innocence ensures that the person is not biased and treated as a criminal during the trial. The presumption of innocence, which is an element of the right to a fair trial is an important principle of criminal law, by nature. The presumption of innocence which is in many international documents especially the European Convention on Human Rights was clearly organized for the first time with the 1982 Constitution, at the Constitutions of the Republic of Turkey. Nevertheless, the presumption began to show its traces, if not explicitly in the previous constitutions, with the associated principles and, particularly, the Constitutional Court decisions that entered the Turkish legal system with the 1961 Constitution. Not only the trial court but also individuals and institutions are under the obligation to respect to the presumption. In cases where is treated against the presumption by non-public officials and institutions, the obligation of the state is an important debate. At this point, especially media activities are examined in detail in the study. In addition to being an independent right, the presumption of innocence is also in relation to other rights. For this reason, other constitutional rights related to the presumption of innocence have been examined in details and the balance between them and presumption was tried to be revealed. European Court of Human Rights and Constitutional Court decisions, guide in order to understand how the presumption of innocence is interpreted in various situations.