Abstract
The right to question witnesses is regulated in subparagraph d of paragraph 3 of article 6 of the European Convention on Human Rights. According to this regulation, the accused has the right to interrogate or have the witnesses of the claim and defense interrogated. As a rule, the interrogation of allegation and defense witnesses is done in front of the court. However, in some exceptional cases, witnesses cannot or do not appear before the court. In such cases, the right of the accused to a fair trial may be violated.
 The European Court of Human Rights and, accordingly, the Constitutional Court have set certain criteria as to whether the defendant's right to a fair trial is violated if the witnesses are not questioned in front of the court. In this study, the right to question witnesses is tried to be explained in the context of the decisions given by the European Court of Human Rights and the Constitutional Court and in line with the criteria determined.
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