Right to Trial Within A Reasonable Time in the Individual Application Decisions

The right to a trial within a reasonable time is one of the most important elements of the right to a fair trial. It is guaranteed by Article 6 of the European Convention on Human Rights and Article 141 of the Turkish Constitution. The biggest part of the individual application disputes both in the European Court of Human Rights and in the Constitutional Court are concerned with the right to a trial within a reasonable time. In our country, long trial periods have become pathological, especially with respect to certain types of cases. The first part of this study focuses on the causes that lead to reasonable time outs in criminal, juridical and administrative jurisdictions. In the second part, the provisions of the legislation relating to the right to a trial within a reasonable time in the ECHR, the Constitution and the Rules of Procedure are addressed; in the third chapter, reasonable time measures used in the individual application mechanism are emphasized. The content of the concept of reasonable time and the principles of implementation have not been developed to a large extent in the relevant legislation, but rather in the individual application case law of the ECHR and the Constitutional Court. For this reason, the right to a trial within a reasonable time in our study is assessed on the basis of decisions taken by the courts on the way to individual applications