Fair trial principle in the Ottoman Criminal Law

The idea of fair trial is the basis of human rights. The principle of fair trial is a primitive principle that protects all human rights. In the event of a violation of the fair trial principle, all other rights may face the danger of extinction. For this reason, even if the defendant is really guilty, he has the right to a fair trial. The fair trial principle aims at ensuring the fairness of the judiciary in a fair and equitable manner by securing the elements necessary for a fair trial. The right to a fair trial is a fundamental and universal human right afforded to persons by the European Convention on Human Rights. The idea that "the foundation of the state is based on justice" which the ancient Turks possessed was adopted in the Turkish states established after the acceptance of Islam and especially in the Ottoman State. The Turkish state tradition, which is one of the important principles of "to judge with justice", "to be fair to the public" rule formed the basis of the philosophy of the administration of the Ottoman State. One of the most important aims of Ottoman Law is fulfillment of justice. Fair trial in the Ottoman criminal procedure was carried out with the principles of the put. According to this, those living in the Ottoman State had the right to search rights and to be trial in impartial and independent courts established by law. In Ottoman Law, the defendants also had the right to publicly and lawfully be tried within a reasonable time. The principles such as "be the main of everyone's innocence", "the defendant benefits from doubt" and "right to fair trial" are principles for realizing justice in Ottoman criminal proceedings and preventing abuse of right and wrong. In the Ottoman Empire, justice was tried to be realized both in the Classical Period and in the Tanzimat Period. Keywords: Justice, The Ottoman Trial, Qadi, Principles, The Tanzimat.