The Rule of Law in Turkey: Some Procedural Aspects in Criminal Cases
The Rule of Law in Turkey: Some Procedural Aspects in Criminal Cases

Summary/Abstract: Supremacy of law, the principles of legality, legal certainty and fair trial recognizing rights for the suspect and the accused, are fundamental aspects of the Rule of Law. Tribunal established by law, accessible by citizens, composed of impartial and independent judiciary that furnish their decisions with motives are the core of “a democratic secular and social state, governed by the rule of Law”, as defined by the Constitution of 1982, has a long history in Turkey. Fair trial rights such as having mandatory defense attorney for suspects at very early stages of the investigation, the right to examine witnesses against him and protection of vulnerable victims, have developed in Turkey under the Parliamentary Democracy Regime, which was applied until 2018. Regulations for terror related investigations, introduced after the 2016-2018 period of state of emergency applicable under the supervision of judges shall only be in force for three years. The newly implemented Presidential Democracy Regime will certainly enhance the development of the Rule of Law.

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