Evaluating of the European Court of Human Rights decisions within the framework of judicial independence and impartiality in Turkey

This study that has been prepared as the Post Graduate Thesis for Akdeniz University's Institute Of Social Sciences; has been constituted on the basis of examining the organizational structure and functioning of the judicial independence and the judicial impartiality in Turkey, and evaluating these aspects on the basis of how European Court Of Human Rights interprets the judicial independence and the judicial impartiality. The study consist of two parts. Within the first part, the concepts of the judicial independence and the judicial impartiality and the concepts which are considered as connected with these concepts have been discussed, and after that the organizational structure and functioning of the judicial independence and the judicial impartiality in Turkey have been examined. While evaluating the judicial independence and the judicial impartiality in our country, it has been tried to include the international documents on the judicial independence and the judicial impartiality. Within the second part of the study, it has been evaluated how the European Court Of Human Rights approaches to the concepts of the judicial independence and the judicial impartiality. İn this scope, it is emphasized on the fact that how the concepts of legal court, independent court, impartial court are being evaluated which are the aspects of the fair trial right pursuant to 6th article of European Convention On Human Rights. While making this evaluation, Court's decress about Turkey have been also examined and explanations about the functioning of the judicial independence ant the judicial impartiality in our country have been made by considering the Court's precedents. And by this, it is aimed to evaluate the judicial independence and the judicial impartiality in our country by considering the precedents of the European Court Of Human Rights.