Establishment of an extraordinary criminal court for a bank fraud trial with all the legal guarantees provided. Non-violation of the independence and impartiality of the court
Bahaettin Uzan v. Turkey 24.11.2020 (app. no. 30836/07)
The right of every person to be tried by an independent and impartial court operating and established legally.
The applicant was accused of participating in a banking fraud through software resulting in the interception of a large sum of money transferred from the bank to the account of the company in which he was a managing director. The 8th Istanbul Criminal Court was established by law to adjudicate the case. He was sentenced to a fine of 12,314,900,000 euros and 17 years in prison. He complained about the lack of an independent and impartial court.
The Court reiterated that according to Article 6 § 1 of the Convention, “the organization of the judiciary in a democratic society does not depend on the discretion of the executive, but is governed by a law of the Parliament”.