AİHM kararları ışığında adil yargılanma hakkında makul süre
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Date
2012
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Sosyal Bilimler Enstitüsü
Abstract
Today, Turkey is the second country, after Russia, in the number of the applications to the ECHR. Under violation of terms, Turkey is in the first place of the list. Turkey?s most sentences in the ECtHR is depending to the Article 6, "Right to a Fair Trial". Most frequently violated part of the Article 6 ?Right to a fair trial? is the "reasonable time".When we look at the both lawsuits, administrative and criminal cases; majority of cases remain far behind to meet the right to a fair trial standards of ECHR and cannot be completed in reasonable time.This study focuses on the causes of prolongation arising from judges, lawyers and the parties of the cases, both in the local courts and courts of appeal. In our review, the reference criterion bases on the decisions of the Court. Reference texts of this study are, the UDHR, the ECHR, the ECtHR decisions, the Constitution and relevant laws of Turkey.During the study of reasonable time principle with the decisions of the ECHR; the complexity of the case; behavior, negligence and gross negligence of the applicants?, judicial and administrative authorities'; and the structural problems are taken into consideration.Workload of the courts, performance of the courts, the availability of judicial police, and the sufficiency of the number of judges and prosecutors, and the number of other personnel, the issue of specialization the courts, expert witness system, the degree of the use of technology in judiciary, are among the factors that determine whether a trial is fair or not.Conciliation, mediation and role of lawyers may be counted among the factors that accelerate the proceedings.Exponential growth applications to the ECHR shows that guarantees of the rights and freedoms of persons under domestic law is not adequate or people cannot obtain to rights that they think they are entitled to. Long detention times and long trials, undermines their confidence in the judiciary and justice.
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Keywords
AİHM kararları, adil yargılanma