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THE COURT OF CASSATION REVERSED THE RULING ABOUT THE DEFENDANT WHO WAS NOT REPRESENTED BY A LAWYER

Turkey’s Court of Cassation reversed the ruling about the defendant, who was accused of being a member of the ‚armed terrorist organisation‘ because he was not represented by a lawyer. The 16th Criminal Chamber of the Court of Cassation made an important decision on the right of defence. A defendant who was convicted on charges of an armed terrorist organisation appealed the decision. The appeal pointed out that not appointing a lawyer in his application restricted his right to defence. The court reversed the ruling because the defendant was not represented by a lawyer appointed by him or by the court. The court’s critical decision will pioneer penal courts. The ruling states that ‘advocacy’ is an indispensable part of the defence in the criminal procedure law, and the provisions of the Constitution and the European Convention on Human Rights (ECHR) are cited. The ruling also emphasised that the Charter, 36/1 of the Constitution states that ‘everyone has the right to a fair trial with claims, defence and justice as plaintiff or defendant in front of judicial authorities by taking advantage of legitimate means.’

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