Announcement of interim ruling 'left to the first minutes of the new day'; Tanal reacts: 'A problem in terms of fundamental principles'

CHP MP Mahmut Tanal reacted to the fact that the court session in the IMM trial, where the interim ruling was issued, lasted for hours. Stating that this situation is a serious problem in terms of the fundamental principles of criminal procedure, Tanal used the following expressions in a post on his social media account:

"The fact that the IMM trial held in Silivri was continued uninterruptedly until late at night is a serious problem in terms of the fundamental principles of criminal procedure.

The purpose of criminal proceedings is to reach the material truth and to render a fair decision.

However, this purpose cannot be achieved in an environment where the defendants, defense attorneys, and even the court panel are physically and mentally exhausted.

Long and uninterrupted hearings;

– Weaken the right to defense,

– Reduce the capacity for attention and evaluation,

– Negatively affect the healthy decision-making process.

In accordance with Article 36 of the Constitution and Article 6 of the European Convention on Human Rights, the right to a fair trial guarantees not only that a trial takes place, but also that it is conducted under appropriate conditions worthy of human dignity.

A trial cannot turn into a process that exhausts and wears out the parties and weakens the defense.

I state it clearly and plainly:

Hearings that last until the middle of the night

cast a shadow over the principle of a fair trial.

Justice is manifested not through fatigue,

but through common sense, balance, and equal conditions.

No one

can be forced to make a defense under the weight of fatigue.

The rule of law

requires that not only the decision but also the process itself be fair."