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The value of the statement of the protected witness against the right to a fair trial

2024
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Advisor: Dr. Öğr. Üyesi Burhan Caner Hacıoğlu

Abstract (EN)

Ensuring the credibility of the witness statement is closely related to the value of proof. In this respect, while it is necessary to protect these people against the dangers they will be exposed to due to their testimony, which is an obligation, and not to be left alone, it is necessary to obtain an important tool of proof. Hence, in order not to compromise on fair trial in order to reach the material truth, it is necessary to maintain a balance between the right to protection of the witness and the right to defense. From past to present, many legal regulations and precautionary measures regarding the protection of witnesses have been arranged in Turkish legislation. The most important of these is undoubtedly the Witness Protection Law Numbered 5726. In order to determine the status of the types of witness protection measures regulated in this Law against the right to a fair trial, first of all, the types of measures were put forward and then the criteria of the ECtHR on the subject were examined. The current situation of the Turkish legislation in general and the Witness Protection Law No. 5726 in particular against the ECtHR criteria has been determined, and the way in which the right to a fair trial is regulated against the value of the statement of the protected witness has been determined and suggestions have been made by referring to international regulations throughout the thesis.

Author

Dr. Tolgahan Şafak

How to Cite

Tolgahan Şafak (Doctorate thesis). The value of the statement of the protected witness against the right to a fair trial, 2024, Erzincan Binali Yıldırım University.

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