The "right to a fair trial", guaranteed by Article 36 of the Constitution and Article 6 of the ECHR, is the most common ground of alleged violation in individual applications to the Constitutional Court.
Components of the Right to Fair Trial
- Independent and impartial court.
- Trial within a reasonable time.
- Public trial (some exceptions).
- Equality of arms (procedural equality).
- Adversarial trial.
- Right to defense (access to a lawyer, presenting evidence, calling witnesses).
- Reasoned decision.
- Effective appeal method.
- Presumption of innocence.
Common Types of Violations
- Lack of justification or insufficient justification.
- Not calling witnesses.
- No response to defense.
- Do not rely on illegal evidence
- Long trial period.
- Conflicting decisions of the first instance-higher court.
- The unlawfulness of communication detection/interception.
- Insufficient reason for arrest.
Individual Application Conditions
- Exhaustion of domestic remedies (appeal, jurisdiction outside the Constitutional Court).
- Application within 30 days.
- By the affected person/authorized representative.
- Application form + evidence file.
- Application fee (small).
Process
Violation Decision Results
- Compensation (moral/material).
- Order for retrial (if necessary).
- Cancellation of administrative action.
- Apology/correction.
- Change in practice (systemic).
Constitutional Established Jurisprudence
The Constitutional Court strictly implements the principle of reasoned decision within the scope of the right to a fair trial; It has given violation decisions, especially in cases such as not responding effectively to the defense of the defendant in criminal files, not being able to hear witnesses, and basing the conviction on illegal evidence. The "concept of victim" is interpreted broadly.
ECtHR Road
- If the Constitutional Court is negative, ECHR within 4 months.
- Application form to Strasbourg in English/French.
- Pre-admissibility review (admissibility).
- Main decision (12-48 months).
- Indicates a systemic problem with the pilot decision.
Practical Tips
The Constitutional Court is the last legal remedy for individual application rights violations. Constitutional Court-ECHR expert lawyer recommended.