Constitutional Court President Arslan: We have an issue with the right to a fair trial

AYM [Constitutional Court] Centre for Constitutional Judicial Studies (AYAM) and Ankara University the Faculty of Law held a symposium on the Principle of Equality of Arms as a Constitutional Guarantee.

Speaking at the opening of the symposium, Ankara University Rector Prof. Dr. Necdet Ünvar said that the weapons where the principle of equality is not applied can pave the way for injustices to arise. He said that the claims and defence were two symmetrical forces.
Emphasizing that the judicial authorities should stand at the same distance from both sides, He said that the principle of equality of arms should be and he right for a fair trial were both part of this. 

“JUSTICE IS A MATTER OF APPEARANCE”

AYM President Zühtü Arslan said that the principle of equality of arms applies to all disputes involving the matters of law, criminal and administrative jurisdiction. This principle is in place, in front of the prosecution, to prevent it from being weakened. We come across this mainly within the criminal proceedings. The principle of equality of arms, as highlighted in the Constitutional Court decisions, does not allow a legal case to be established against the defendant in his trial. Within a democratic law state, there is the requirement to guarantee the right to defend in a criminal trial. Ensuring justice, also depends on the fact that there is a recognition of justice in place. “Parties and society need to see justice implemented and for this to happen there needs to be a perception in this direction”

INDIVIDUAL APPLICATION STATISTICS ARE CONCERNING”

Arslan who said that Individual application statistics are alarming. He also said, in order for the judicial trial to reach a verdict within a reasonable timeframe in reasonable time of judgment the principles of the right to a fair trial, from the equality of arms should be imposed with all its elements. This are essential requirements of the rule of law. Individual application statistics are alarming. Within the applications received from September 23, 2012, (when the individual application was started) most applications were intended to achieve the right to a fair trial. 66,121 applications have been received by our court in 2021 alone. Over 73% of such applications concerns the right for a fair trial. In other words, nearly three-quarters of applications received by our court last year were submitted regarding complaints over the right to a fair trial. 77 percent of the total infringement decisions we made from the outset were also about a fair trial. These numbers and ratios indicate a dire situation. It shows that we have a problem with the right of a fair trial. It is our joint duty to help resolve these problems. “In a country where violations of the right for a fair trial are not prevented and violations are not stopped, protection of the rule of law can not be possible”. (EVRENSEL DAILY)