Constitution of the Republic of Turkey (1982. as amended 2017) (excerpts related to Fair Trial (Right to a)) (English)



XIII. Provisions Relating to the Protection of Rights

A. Freedom to Claim Rights
Article 36.
Everyone has the right of litigation either as plaintiff or defendant and the right to a fair trial
before the courts through lawful means and procedures.
No court shall refuse to hear a case within its jurisdiction.

B. Guarantee of Lawful Judge
Article 37.
No one may be tried by any judicial authority other than the legally designated court.
Extraordinary tribunals with jurisdiction that would in effect remove a person from the
jurisdiction of his legally designated court shall not be established.

C. Principles Relating to Offences and Penalties
Article 38.
No one shall be punished for any act which does not constitute a criminal offence under the
law in force at the time committed; no one shall be given a heavier penalty for an offence
other than the penalty applicable at the time when the offence was committed.
The provisions of the above paragraph shall also apply to the statute of limitations on
offences and penalties and one the results of conviction.
Penalties, and security measures in lieu of penalties, shall be prescribed only by law.
No one shall be held guilty until proven guilty in a court of law.
No one shall be compelled to make a statement that would incriminate himself or his legal
next of kin, or to present such incriminating evidence.
Findings obtained through illegal methods shall not be considered as evidence.
Criminal responsibility shall be personal.
No one shall be deprived of his liberty merely on the ground of inability to fulfil a contractual
The death penalty and the penalty of general confiscation shall not be imposed.
No citizen shall be extradited to a foreign country on account of an offence with the
exception of obligations required by becoming party to the Statute of International Criminal


Related documnets

Back to top