INDIVIDUAL APPLICATION RELEVANT FOR PROBLEMS OF REASONABLE TREATMENT
MAKUL SÜREDE YARGILANMA HAKKININ İHLALİ NETİCESİNDE BİREYSEL BAŞVURU HAKKI

Author : Esen ESER
Number of pages : 406-417

Abstract

With the development of the state and legal systems, the concept of human rights emerged and developed as an institution. The concept of human rights emerged as a gained value as a result of great struggles throughout human history. This value emerged from the concept of freedom and equality, which resulted in a meaningful search for the concept of justice. The most fundamental reflection in the field of law that corresponds to the concept in time is the right to a fair trial. The right to a fair trial has been found in all areas of the trial and the protection of the judiciary in accordance with human rights and democratic rules was safeguarded. Therefore, ensuring the protection of these rights is a violation of the possibility of moving even further lowered the minimum requirements.The right to a fair trial, which is an important element of this right protected by the Convention, should be examined in terms of causing damage that can not be recovered in the event of a violation. It appears that the majority of the applications made to the Constitutional Court and it is seen that as a result of the decision relating to the exceeding of the majority reasonable time. The reasons for the reasonable time-out, which is the most obvious violation of human rights, need to be examined in detail. In this study, considering the fact that delayed justice can not be justice a general evaluation will be made on how the Individual Application Mechanism of the Constitutional Court will be implemented by the amendment made by the Constitutional Court in 2010 as an institution to which the victims will apply.

Keywords

Human Rights, Right to a Fair Trial, Reasonable Right to Trial, Right to Indiv

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