Özet:

The meaning and limits of parliamentary immunity have always been argued. But no member of parliament has complained that he could not be put on trial up until now. However, in the case of Atilla Kart, a Member of Parliament, he complained of the privilege to not be tried and claimed that although there were criminal actions brought against him, he could not be tried because the Turkish Grand National Assembly (TGNA) did not lift his parliamentary immunity and thus this immunity infringed his right to a fair trial. This is such a claim as has never been seen before. The decision given by the European Court of Human Rights (ECHR), which examined this claim, had to examine parliamentary immunity in terms of the right to a fair trial. This article examines whether parliamentary immunity interferes with right to a fair trial as well as the compatibility of the current situation of Turkish law according to the criteria of the ECHR, taking into consideration the decision of the ECHR in the Atilla Kart case

Anahtar Kelimeler: