Justice is the most indispensable pillar of human dignity. 14 June, International Day of Fair Trial, is an important occasion to remember the supremacy of law and the inviolability of individual rights. The right to a fair trial is not only the cornerstone of court proceedings but also of a free and equal society. As a legal professional, I cannot overlook the profound damage caused by human rights violations in our country on this meaningful day.
This right encompasses the right to be tried by independent and impartial courts, the right to an effective defence, the right to a decision within a reasonable time, and the right to the presumption of innocence. Unfortunately, it has become inevitable to observe that each of these fundamental guarantees has been seriously eroded in Turkey, especially in recent years. We are living in a period where confidence in the independence of judicial decisions from the political atmosphere is steadily weakening. As a lawyer, the cases I have encountered, where decisions are shaped more by the circumstances than by the content, painfully demonstrate how trust in justice has been shaken.
Trials in which the right to defence is restricted, cases in which detained defendants are allowed to meet with their lawyers under conditions that violate confidentiality, and processes in which the defence is punished clearly demonstrate how badly the institution of defence has been undermined. Yet, it is impossible to speak of justice in a trial where the defence is ineffective. In some trials, the restriction of the duration of the defence, the failure to share the contents of the case file in a timely manner, or the obstruction of access to evidence demonstrate that this right exists only on paper.
The principle of trial within a reasonable time has become an almost forgotten concept. Individuals who have been forced to wait for years for a decision are trying to continue their lives in uncertainty. There are many cases where indictments have not been prepared for years and detention periods have been arbitrarily extended. Despite the fact that the European Court of Human Rights has awarded compensation to dozens of judges and prosecutors since 2018 on the grounds of prolonged detention and delays in indictments, these violations have not been prevented. Justice in Turkey has not only been delayed, it has almost come to a standstill. When justice is delayed or completely denied, the conscience of society begins to rot. For justice only finds its true meaning when it is administered in a timely and effective manner. Every case file that remains undecided for years puts a person’s life on hold, negatively affecting every aspect of their life, from their family to their career, their health to their hopes. I have witnessed the silent cries of people waiting hopelessly for their court dates countless times.
One of the most serious violations is the disregard for the presumption of innocence. The fact that individuals who have not yet been convicted are declared guilty in the media causes irreparable damage to society. I am saddened to observe that individuals who have been acquitted but convicted in the public eye are unable to escape the stigma they have suffered for years. The presumption of innocence protects not only the fairness of the trial but also the individual’s social reputation. Violating this fundamental principle seriously undermines the legitimacy of the justice system.
As we commemorate 14 June, we cannot forget the serious human rights violations that have taken place, especially since 2016. Thousands of judges, prosecutors, police officers, soldiers, teachers and individuals from various professional groups have been dismissed, arrested, had their property confiscated, had their private property placed under guardianship and institutions have been systematically looted without a fair trial. This process has deeply shaken not only the independence of the judiciary but also the sense of justice in society.
Moreover, these injustices continue today and create serious legal uncertainty in all segments of society. Moreover, these violations of the law continue today and have created serious legal uncertainty in all segments of society. Unfortunately, Turkey is described as an “open prison” by the international community. In a country where people are concerned about their property, lives and freedom, it has become impossible to talk about the independence of the judiciary and a secure environment for seeking justice.
As legal professionals, we are aware that we have a heavy responsibility not only to record these losses but also to fight for the establishment of a new and fair legal system. This is because the violation of the right to a fair trial does not only cause individual harm but also undermines the fundamental pillars of democracy. The right to a fair trial is most often violated in authoritarian states, which is why this right should be removed from the realm of domestic law and guaranteed at the international level. This responsibility should be shared by all international organisations. This is because states sometimes tend to stray from ensuring that their trials are fair for various reasons. It is also the duty of us lawyers to remind international organisations of this responsibility.
The right to a fair trial is not only a guarantee of freedom for defendants, but also for society as a whole. When this right is violated, democracy is wounded and truth is silenced. As a lawyer, my belief in the protection of the principle of fair trial grows stronger every day. Because justice is not achieved through silence, but through determined resistance. If we do not raise our voices today, tomorrow even silence will become an act of complicity. With this awareness, I believe that the struggle for justice is not a choice but a necessity to protect human dignity.
