The role of the counsel for the defense during the statement taking and interrogation steps in the context of the principle of equality of arms

As a result of our probe into the Turkish criminal procedural law revealed that there are numerous academic studies on the counsel for the defense but, on the other hand, the studies on the role of the counsel for the defense in the statement taking and interrogation process are not sufficient. Exhibition off the role of the counsel for the defense in the statement taking and interrogation process, holding an important place in the criminal procedure is important in putting in practice the principle of fair trial and its low-tier principle of equality of arms as a reflection of the principle of rule of law. As the key stage of the investigation process, the statement taking and interrogation steps must take place with the efficient and active participation of the counsel for the defense so that the suspect is fairly treated by observing human rights. The efficient exercise by the counsel for the defense of his/her powers and rights granted under law also during statement taking and interrogation processes is a must according to the principle of equality of arms, and the comprehensive analysis of this process is of utmost importance for safeguarding and guaranteeing the rights of the suspect and achieving the material fact. In this thesis study which we have conducted keeping this purpose in mind, we have put forward the conceptual and legal framework of the right to defend and the counsel for the defense (in the first section), the meaning of the principle of equality of arms in the ECHR and criminal procedural law has been studied in the light of decisions of the European Court of Human Rights and Turkish supreme courts (in the second section) and finally, the role of the counsel for the defense during the statement taking and interrogation steps in the context of the principle of equality of arms has been dealt with based on the opinions of the supreme courts and in the doctrine. Thus, it has been determined what a role the counsel for the defense plays in ensuring the statement taking and interrogation processes to be conducted in accordance with the principle of equality of arms.