Witnesses Who Cannot Be Questioned and the Right to a Fair Trial — Attorney Aylin Esra Eren

October 30, 2026 — Can a conviction decision be issued in a criminal case if a witness cannot be cross-examined?

Attorney Aylin Esra Eren

Does the defendant have the right to cross-examine the witness testifying against them?

Yes. The right to defense is guaranteed under Article 36 of the Constitution and Article 6 of the European Convention on Human Rights.

The defendant must have the opportunity to ask questions to witnesses giving statements against them or to ensure their cross-examination.

If the witness does not attend the hearing, can the court issue a conviction decision?

The failure to hear a witness at the hearing does not invalidate the trial in every situation. However, why the witness could not be heard, how decisive their statement was for conviction, and whether sufficient counterbalancing guarantees were provided to the defense must be evaluated.

Can a conviction be issued solely based on a witness statement taken during the investigation phase?

Whether this is possible depends on the characteristics of the specific case. Especially the defense's inability to cross-examine witness statements that are sole or decisive evidence can pose a serious problem in terms of the right to a fair trial.

In this case, can a retrial be requested?

It can be asserted that the defense right was violated during trial. First, ordinary legal remedies should be used, and if conditions exist, an individual application should be made to the Constitutional Court.

Can the defendant ask questions to the witness testifying against them?

Yes. The right to defense is protected under Article 36 of the Constitution and Article 6 of the European Convention on Human Rights.

If the witness does not attend the hearing, can a conviction be issued?

The trial does not become invalid in every situation. However, the reason for the witness's inability to be heard, the weight of their statement in the conviction, and the counterbalancing guarantees provided to the defense must be evaluated.

For general informational purposes. The documents, application routes, and deadlines of the specific case must be evaluated separately.