The right to trial within a reasonable time by an independent and impartial tribunal in the light of the European Court of Human Rights Judgments and Turkish Law

CONTENTSPage CONTENTSİABBREVIATIONSİVPREFACEVİINTRODUCTION12. INDEPENDENT TRIBUNAL42.1. Concept42.2. Short History of Judge Independence122.2.1. In the International Law122.2.2. In the Turkish Law132.3. The Concept of Tribunal142.3.1. ECtHR Praxis142.3.2. In the Turkish Law192.4. Extent of Independence202.4.1. Independence from Legislative212.4.2. Independence from Executive222.4.3. Independence from Jurisdiction242.4.4. Independence from Media and Public Opinion262.5. Criteria and Guarantees of Independence272.5.1. Appointment Methods of Judges292.5.1.1. Election of Judges by People312.5.1.2. Appointment of Judges by the Executive322.5.1.3. Election of Judges by Other Judges342.5.1.4. Appointment of Judges by an Independent Board352.5.2. Term of Office and Dismissal of Judges382.5.2.1. Approach by ECtHR382.5.2.2. In the Turkish Law402.5.3. Qualification of Judges432.5.3.1. Approach by ECtHR432.5.3.2. In the Turkish Law462.5.4. Guarantees Against to External Interventions and not to Receive Orders472.5.4.1. Approach by ECtHR472.5.4.2. In the Turkish Law522.5.4.2.1. Promotion552.5.5. Other Guarantees582.5.5.1. Financial Guarantees592.5.5.2. Geographical Guarantee592.5.5.3. Professional Guarantee612.5.6. Appearance of the Tribunal622.5.6.1. Approach by the ECtHR622.5.6.2. In the Turkish Law732.5.6.3. HSYK (HCJP: High Commission of Judges and Prosecutors) and Judicial Independence743. IMPARTIAL TRIBUNAL813.1. Overview813.1.1. Subjective Impartiality853.1.2. Objective Impartiality863.1.2.1. Approach by ECtHR863.1.2.2. The Criteria Adopted by ECtHR to Assure Objective Impartiality of Judiciary933.1.2.2.1. Judge’s Duties that Show Variety933.1.2.2.2. Professional Tribunals1003.1.2.2.3. Various Duties of Courts1013.1.2.2.4. Judges’ Being Connected with the Case (with its parts)1023.1.2.2.5. Presence of a Regulation on Impartiality in Domestic Law1063.1.2.2.6. Judgment by Default and Re-trial for the Judgments which Overruled by Court of Appeal1073.1.2.3. Regulation Relating to Impartiality of Judges in Turkish Law1093.1.2.4. The Possibilities to Remove Infringement1203.1.2.4.1. Waiver1203.1.2.4.2. . Review of a Judgment by a Fully Authorized Superior Court1234. THE RIGHT TO TRIAL WITHIN A REASONABLE TIME1274.1. Concept1274.1.1. Criminal Cases1304.1.2. Civil Cases1314.1.3. Administrative Cases1314.2. The Status of Victim1364.3. Assessment of the Reasonable Time1384.3.1. The Term to be Taken into Consideration1384.4. The Criteria for Assessment of the Reasonable Time1484.4.1. Character of Case’s Subject1494.4.1.1. Complexity of Case1504.4.1.2. Importance of Case’s Subject for the Applicant1554.4.2. Applicant’s Conduct1564.4.3. National Authorities’ Conduct1634.5. The Right to Trial within A Reasonable Time in Turkish Law1715. GENERAL ASSESSMENT AND CONCLUSION1766. BIBLIOGRAPHY1797. RELATED JUDGMENT LIST OF THE ECTHR184