The Right to be Present at the Hearing and Auditory and Visual Information System as Part of the Right to Fair Trial and within the Frame

Abstract

One of the most important rights that take benefits of the accused under protection is the right to fair trial. Considering the national and international legislations, it will be revealed that the right to fair trial embodies many inherent rights and principles. Although it is not explicitly regulated in the European Convention on Human Rights and Turkish Criminal Procedure Law, one of those rights is accused’s right to be present at the hearing. Nonetheless, in consequence of developing technology and modernization, the Auditory and Visual Information System (AVIS) has been included in our legal practice. Use of AVIS, which is stated to have drawbacks as well as benefits, in judging activity has been criticized at times. In this study, the relationship between the right to be present at the hearing and AVIS has been examined as part of the right to fair trial and within the frame of both international and national legislations and case law; opinions in the doctrine, judicial decisions and reached results have been tried to be conveyed