The right to a fair trial in light of the decisions of the European Court of Human Rights and the decisions of the Constitutional Court

The concept of human rights speaks of the necessity of having a set of indispensable and non-negotiable rights just because of being a human. The adaptation of justice to some standards shows right to fair trial. When fair trial is at issue, conditions are evaluated for a fair trial. Along with being a crucial right, fair trial has taken place in national and international legislations and has been protected in precedents in national and international judicial protection. Making use of some of the decisions of Constitutional Court (CC) as a national judicial protection mechanism and European Court of Human Rights (ECHR) as an international judicial protection mechanism, this thesis attempts to explain the right to access to court as a sub-constituent of fair trial and the expectations of CC and ECHR from the trial courts to protect certain rights and not to result in violations. The first chapter of this thesis examines the right for fair trial in a reasonable time which sub-constitutes fair trial while the second chapter showcases equal and fair trial with its sub-constituents within the definitions of CC and ECHR. The third chapter discusses the right for access to court, which sub-constitutes right for fair trial, as well as the properties for courts that legislate the right for access to court. The fourth chapter explicates what forms of violations under what conditions are exposed to the access to court within the light of AYM's and AİHM's decisions on administrative justice over individual applications. Taking concrete cases into consideration, this chapter also analyses to what extent the precedents of these two high courts of justice resemble. The concluding chapter evaluates three main points: high courts reach at a minimum assurance for human rights by means of some internationally prevailing and ongoing criteria, decision-making courts have a bigger responsibility for preventing violations within the framework of foundational criteria of high courts, and violations can be lessened if the executives keep the precedents in mind in decision-making process.