The right of the accused to a fair trial in Turkish criminal procedure

Every state that has accepted democracy and the rule by law is obliged to protect and assure human rights. The right to a fair trial which is one of the fundamental human rights is also included in state constitutions and international documents. This right regulated by Article 6 of the European Convention on Human Rights (ECHR) is constitutionally assured by Article 36 of the Constitution of the Republic of Turkey. The position of criminal procedure is extremely important in terms of limiting the fundamental rights of individuals. Article 6 of ECHR regulating the right to a fair trial is an article that determines the required elements for the trial process to be fair and introduces obligations to the states to ensure a fair trial. With this article, both the boundaries of fair trial are drawn and the minimum rights given to the defendant are determined. Since the right to a fair trial as one of the fundamental elements of a state of law acts as the protector of the fundamental human rights, every state with the claim of being a state of law should protect this right under domestic legislation or practices and regard European Convention on Human Rights both as a guide and as a document equivalent to the constitution of the state. In terms of criminal procedure in Turkey law, legal arrangements are undertaken to guarantee fair trial both in the Constitutions and in the Turkish Criminal Procedure Law. In this study, the resources, application areas and historical development of the right to a fair trial which is one of the fundamental human rights are analysed; the elements for a right to a free trial are considered for the defendant in criminal procedure and lastly, the minimum rights and assurances provided to the defendant by the article are presented. Keywords: Right to a Fair Trial, European Convention on Human Rights, Fear Hearing, Criminal Procedure, Right of Defence