Abstract

The right to a fair trial for which the judiciary is mostly criticized both in Türkiye and in the world countries is a very comprehensive right guaranteed in Article 6 of the European Convention on Human Rights (ECHR). This right covers the entire trial process, starting from the investigation stage till the end of the prosecution stage, including ordinary and extraordinary legal remedies. The right to a fair trial is not unique to criminal law. This right also guarantees legal proceedings and administrative investigations and actions carried out by disciplinary bodies. In this study, which aims to evaluate unlawful evidence in terms of the right to a fair trial, the issue of using unlawful evidence in the trial is examined in terms of criminal law as well as human rights law. In the study, the right to a fair trial and “unlawful evidence” are examined in terms of national legislation, ECHR provisions and the case law of the European Court of Human Rights (ECtHR). In addition, the highly controversial Gäfgen v. Germany decision of the ECtHR is evaluated in terms of the use of unlawful evidence.