Presumption of innocence within the framework of the European Convention on Human Rights and the constitution of the Republic of Turkey

The presumption of innocence refers to the innocence of a person who accused of a crime until proven guilty by a court decision based on evidence in accordance with the law. Considered as a principle of human rights, the presumption of innocence takes part in various international human rights law texts such as the European Convention of Human Rights. Besides, the concept appears firstly in the constitution of 1982 in Turkey. The presumption of innocence is defined briefly at the European Convention of Human Rights, however, the scope of the right to be presumed innocent is expanded through the decisions and judgments of the European Court of Human Rights. In Turkey, with the adoption of individual application to Constitutional Court in 2012, alleged violations of the presumption can be evaluated by the Constitutional Court. The presumption of innocence which is regarded as a component of the right of the fair trial is closely related to fundamental rights and freedoms such as the right to liberty, freedom of press and expression. The debates especially on whether the presumption of innocence is violated during the activities of media have frequently come into question. The necessity of the states to fulfill their responsibilities by taking necessary measurements in case of conflict of fundamental rights is another matter of debate. Keywords: The presumption of innocence, incrimination, European Convention of Human Rights, European Court of Human Rights, Constitutional Court, freedom of the media