ECHR Article 6: Right to a fair trial.
Protected Elements
- Independent court
- Impartial court
- Public hearing
- Reasonable time
- Right to defense
- Right to hear witnesses
Reasonable Time Violation
- Depending on the complexity of the case
- Generally longer than 3-5 years
- Is there fault on the part of the parties?
Compensation
- Constitutional individual application
- ECHR
- Compensation (per year)
Türkiye Cases
- Ten of thousands of reasonable time period lawsuit
- Turkey frequently decides against
- Structural problem (judicial density)
Approach of the Constitutional Court and the ECHR
The Constitutional Court and the ECHR recommend "structural reform" in case of reasonable time violations and expect systemic measures for continuous violations.
Human rights lawyer recommended.