Prohibition, recusal and abstention of the judge in Turkish criminal procedure law

Throughout human history, a struggle for rights, freedom, justice and equality has been waged in order to obtain the rights of the rule of law. The right to a fair trial has also been won through the struggle for basic human rights. Today, the right to a fair trial, which is guaranteed by many international conventions, constitutions and laws, is one of the most fundamental human rights and guarantees other rights in the European Convention on Human Rights. Although there are many elements in the right to a fair trial, the most important of these is an independent and impartial judiciary. Today, the principle of judicial independence and impartiality is a common denominator for all states. So much so that a fair trial cannot be expected from a system in which the principle of judicial independence and impartiality is not adopted, and this state is doomed to collapse in the end. The independence and impartiality of the judiciary is so important that the impartiality of the judges should not even be doubted – as a matter of fact, the institution of "Judge's Refusal", which is the subject of our thesis; Although it is a matter of criminal procedure law, the basic requirements of the rule of law; It is a manifestation of the independence of the judiciary in trial law and the principle of impartiality of the judge, which is its natural consequence.