Türk Anayasa Mahkemesi Bireysel Başvuru Kararları Bağlamında Adil Yargılanma Hakkının Niteliği

Abstract

The recognition of rights and freedoms to individuals and the protection of these rights and freedoms have an important place among the basic duties of the state. The duty of protection; The right to petition, the right to information, ombudsman, individual application is provided by many different methods. Among these methods, the right to individual application, which forms the basis of our study, is an institution accepted in order to prevent the violation of the rights of the individual in the context of the rule of law. In this context, individuals will ensure that their rights and freedoms are protected by applying to the Constitutional Court with the allegation that they have been violated.

On the other hand, the right to a fair trial has an important place among the rights and freedoms that are stated to be violated in the context of individual application decisions of the Constitutional Court. The right to a fair trial is enshrined in the thirty-sixth article of the 1982 Constitution, which regulates the right to seek rights within the scope of the constitutional amendment in 2001, and in the sixth article of the European Convention on Human Rights. Care is taken to fully protect the aforementioned right within the Turkish legal system by revising it with the amendments made in both the Constitution and the laws. As a requirement of the rule of law, the right to a fair trial, which is the most basic element that provides constitutional guarantees to individuals, carries a function that is necessary for everyone and whose boundaries are determined by the rules of law.

In our study, the individual application decisions of the Constitutional Court regarding the right to a fair trial and the sub-elements of the right were examined by examining the institution of individual application. In addition, within the framework of the case-law formed by the Supreme Court, an evaluation was made by trying to determine the deficiencies in both the individual application institution and the implementation of the right.