With the Deliktaş v. Turkey judgment dated 12.12.2023, the ECtHR ruled that the decision of the courts of appeal without holding a hearing is a violation of the right to a fair trial.
In the aforementioned judgment of the ECtHR, although it is stated that it is possible not to hold a hearing on a purely legal or technical matter, it is stated that there is no justifiable reason for not holding a hearing in the case in question. It was ruled that the bribery charge against the defendant was based on statements and hearsay, the defendant denied the charges throughout the trial process, in this case, since the charges against the defendant were subjective, the court of appeal should have held a hearing, held a trial and made a decision, but the right to a fair trial regulated in Article 6 of the ECHR was violated due to the fact that the court of appeal made a decision without a hearing without a reasoned decision regarding this request.
