Renewal of trial due to decisions of The Ruropean Court of Human Rights in criminal procedure law

In the Code of Criminal Procedure No. 5271, the reasons for retrial are regulated in a limited manner. One of the reasons for retrial included in these regulations is the decision of the European Court of Human Rights (ECHR) to dismiss a criminal proceeding as a result of a violation, a friendly solution, or a unilateral declaration (CMK Art. 311/1-f). It is now widely accepted in most modern legal societies that if an international court decides to dismiss a case due to a violation of rights, a friendly solution, or a unilateral declaration, retrial may be pursued. This situation should be considered a very important step in terms of human rights. States that are parties to the European Convention on Human Rights must enforce ECHR decisions. Allowing retrial based on ECHR decisions has strengthened the effectiveness of the Convention, its protocols, and the ECHR itself. However, a retrial due to an ECHR decision can only favor the convict. In other words, it cannot be used to retry a case against the convict. As the retrial is an exceptional legal remedy, its procedure is strictly regulated by the Code of Criminal Procedure. The parties, especially the claimants, must thoroughly understand these rules, as non-compliance will prevent a retrial. This study aims to explore all aspects of retrial as a legal remedy due to ECHR decisions in Criminal Procedure Law. It begins by explaining the general principles of retrial, then examines retrials specifically due to ECHR decisions, and finally outlines the trial process.