SEGBİS in criminal procedure (Audio and video information system)

It' s obvious that, everyone has the right to the fair trial as a natural and direct result of just being purely human, in the process of criminal procedure which is not based on the philosophy of "to get the truth at all costs" but "to reach the truth in the lines the nature and material lends to". As a result of development in the technology industry, its proceeded to use technical devices during the judgements. By this way, usually length of the judgement could be reduced. However the only purpose of criminal procedure is not carry out the procedure fast. Measures which cause the violation of investigation of the judicial truth principle and right of defence should not preffered for the sake of speed up the procedure. SEGBİS is a communication system based on the principle to be able to conduct the datas of sound and displays at the same time and immediately. In today' s conditions, the problems which occure because of the incompletenesses and inabilities of the software, hardware and telecommunication infrastructure prevent the system to work compatible to the principle. It is seen that the constitutional arrangements of SEGBIS are considered to be in breach of the right to a fair trial paid under guarantees in Article 36 of the Constitution. The provisions of the Code of Criminal Procedure, in which the voice and video communication technique will be used, are not fully harmonized and have regulations contrary to the principles that restrict the right to defense to a great extent and dominate the criminal procedure. The disadvantages related to the use of SEGBIS are of a magnitude that may cause violations in terms of the investigation of the material truth and the right to defense. These drawbacks; it may weaken the likelihood of achieving material truth, and may also make it difficult for our country before the European Court of Human Rights. In order to eliminate these drawbacks and to ensure the right of defense of the defendant, the legislator should immediately intervene in these objectionable areas and make changes in accordance with the principles governing the criminal procedure.