President of the Constitutional Court says “We have a question about the right to a fair trial”

President of the Constitutional Court (AYM) Zuhtu Arslan said, “66 thousand 121 applications were submitted to our court in 2021. And more than 73 percent of these applications are for the right to a fair trial. 77 Percent of the total violations we have committed since the beginning are included in a fair trial. These numbers and ratios actually indicate to us a grave situation. We have an issue with the right to a fair trial.”

ALARMING SITUATION

Emphasizing that trials should be conducted in accordance with fairness, Arslan said, “The equality of arms and the protection of the right to a fair trial with all elements up to the principle of a contentious trial are the essential requirements of the rule of law in the conclusion of the trial in a reasonable time. At this point, I would like to express that the individual application statistics are alarming. Most of the applications made since September 23, 2012, when the individual application began to be applied, are for access to the right to a fair trial. 66 thousand 121 applications were submitted to our court in 2021. And more than 73 percent of these applications are for the right to a fair trial. In other words, about three-quarters of the applications submitted to our court last year cover complaints about the right to a fair trial.

The situation is not much different in terms of the boundaries of violation. 77 Percent of the total violations we have ruled since the beginning are included in fair trial issues. These numbers and ratios actually indicate to us a grave situation. We have an issue with the right to a fair trial. And it is the common task of all of us to solve this issue. Our recommendation for this is that the Constitutional Court’s assessments of the right to a fair trial and violation of this right, both under the supervision of the norm and on an individual application, should be carefully considered by the administrative and judicial authorities and that solutions be found. It is also impossible to protect the rule of law with all the rules in a country where the right to a fair trial is not protected and violations cannot be prevented.”

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