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."
News Source: 12punto
