ECtHR sentences Turkey for violation of right to a fair trial

Orhan Şahin, sentenced to life imprisonment along with a total of 20 years, 10 months, and 5 days, has received the result of his application to the European Court of Human Rights (ECtHR). The ECtHR ruled that Turkey violated the right to a fair trial as stipulated in Article 6/1 of the European Convention on Human Rights.

The ECtHR deemed a retrial in accordance with the requirements of Article 6 of the Convention, if requested by the applicant (Şahin), as the most appropriate way of redress, thus rejecting the claim for moral damages.

In its decision, the ECtHR noted that the Doğubayazıt Heavy Penal Court based Şahin's conviction on charges of "undermining the unity of the state and the territorial integrity of the country," "unlawful possession of dangerous substances," and "attempted murder of a public official" primarily on the testimony of one person.

The decision pointed out that the judges of the Doğubayazıt Heavy Penal Court did not hear the testimony of A.Y., the individual whose statement formed the basis of the judgment: "The request of the defendant's lawyers for the hearing of A.Y. in court was rejected. Therefore, in the presence of the judge who ultimately decided the case, the defendant was not given the opportunity to confront the witnesses."

Turkey will pay €1000 in court costs to Şahin. (AS/VK)