By Sezer Gokhan
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116 7. Recording of the Investigation procedures: All the procedures complied with during the investigation phase have to be recorded. Such as, taking statement of the suspect, the hearing of the witnesses and the expert witness, or procedures complied with at the time of the inspection conducted at the locality where the offense is committed or at the time of examination. Therefore; at such instances during the investigation a court recorder (recording clerk) is present besides the Public Prosecutor or the Justice of the Peace.
153 The subject provision of the Convention reads in part: “Everyone charged with a criminal offense has the following minimum rights: … ‘b’ to have adequate time and facilities for the preparation of his defense”. It can be seen that both the internal law of Turkey in this regard and the respective rule of the European Convention on Human Rights are in harmony. 3. 154 The Court’s decision rendered either to accept or to refuse the request shall promptly be informed to the accused. 155 4. Direct Invitation of Witnesses by the Accused In the event that the Court denies an application for invitation of a witness or an expert, the accused may himself/herself bring the person to the Court without submitting any further application.
142 As a normal consequence of the principle of “speedy trial” all evidence must be gathered both against and in favor of the accused at the investigation phase and submitted to the Court in order to save the Court further effort and time to gather more evidence once the trial commences. However, if any omissions are noted in this regard, the competent Court can order to have what is missing completed prior to the commencement of the trial. The idea for the preparation for trial prior to its commencement is to conduct the trial without break.