CONTRIBUTIONS OF DECLARATION OF ETHICS FOR TURKISH JUDICIARY TO THE RIGHT TO A FAIR TRIAL IN TERMS OF EFFECTIVE PARTICIPATION IN TRIALS

Abstract

A fair trial forms the foundation of all laws and procedures applicable in legal cultures. The European Court of Human Rights (ECtHR) defines a fair trial as a foundational norm of the rule of law in democratic societies and strives to guarantee the proper administration of justice. The right to a fair trial is enshrined in Article 6 of the European Convention on Human Rights (ECHR). One of values protected by the right is the right to participate effectively in a trial. For effective participation in a trial to occur, a hearing must be conducted, and a defendant must have the means and opportunity to express himself/herself. These opportunities must be afforded to defendants by the courts. A court must adhere to ethical rules as well as procedural or substantive rules to ensure a fair trial. The Council of Judges and Prosecutors published "Declaration of Ethics for Turkish Judiciary" on March 6, 2019. Judicial ethics determine how judicial services should be carried out fairly for specific purposes. The purpose of the article is to analyze the contributions of the principles outlined in "Declaration of Ethics for Turkish Judiciary" to the right to a fair trial in terms of effective participation in a trial.