Right to a Fair Trial as a Fundamental Human Right in Terms of Turkish Law and the European Convention on Human Rights

The right to a fair trial is one of the most fundamental human rights in the national and international legal and political documents that have been protected throughout human history. Fair trial is an obligation in terms of judicial authorities whereas Fair trial is a right in terms of persons. The right to a fair trial and the elements of this right have been protected by the Constitution in our Turkish Legal System. The fundamental elements of the right to a fair trial in the European Convention on Human Rights are the right to be entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law and presumption of innocence. Besides the minimum guarantees granted to the defendants in criminal proceedings are another direct element of this right. The most fundamental assurance of the protection of the rights that individuals have innate and subsequently gained in the legal order is the fair execution of the proceedings within the framework of principle of the state of law. When the applications to the European Court of Human Rights are examined, the applicants often refer to the claim that the right to a fair trial is violated. The determination of the violation of this right is also observed in the decisions given against Turkey. After the right to individual application has entered into force with a constitutional regulation and by means of completed or planned regulations under the national legal system aimed at accelerating judicial processes, equality and judicial independence, it is expected to reduce the number of decisions of violations against Turkey and to absorb the law security by individuals as a requirement of the state of democratic law. Keywords: Fair Trial, Right to a Fair Trial, European Convention on Human Rights, European Court of Human Rights, Constitutional Court, Individual Application.