Adli Yardım Hakkı İle Bilgi Edinme Hakkı Arasındaki Etkileşim: Hukuk Teknolojisinin Sağladığı Fırsatlar
Adli yardım hakkının diğer insan haklarının korunmasındaki özel rolü, ihlal edilen hakların onarımı açısından oldukça önemlidir. Bunu dikkate alarak makale, yalnızca önemli evrensel ve bölgesel uluslararası belgelere değil, aynı zamanda mahkeme kararları da dahil olmak üzere uluslararası uygulamaya da atıfta bulunmaktadır. Adli yardım hakkı, bilgi edinme hakkıyla yakından ilişkili bir haktır. Çünkü çoğu durumda, adli yardımın özü, güvenilir bilginin doğru ve verimli kullanılmasıdır. Öte yandan, adli yardım alan kişiye gerekli bilgilerin verilmemesi, onu haklarından yararlanma fırsatından mahrum bırakabilir. Bu yüzden, bireylere adli yardım konusunda eksiksiz bilgi verilmesi ve bu bilgilerin ulaşılabilirliğinin sağlanması önemli konulardan biridir. Bilimsel ve teknik yeniliklerin hukuk alanına uygulanması, bireylerin hak ve özgürlüklerinin korunması için adli yardım hizmetlerinin de bu yeniliklerden haberdar olmasını, gizliliğin, tamlığın ve kullanılabilirliğin sağlanmasını gerektirmektedir. Adli yardım alma ve bilgi edinme haklarının birliği ve etkileşimi, belirli bir kişiye yönelik adli yardım hizmetlerinin sağlanmasının yanı sıra çeşitli işlemlere ilişkin gerekli bilgilerin zamanında ve eksiksiz olarak sağlanmasını da içerir. Modern çağda dijital teknolojilerin, özellikle de yapay zeka (YZ) sistemlerinin adli yardım hizmetlerine uygulanmasının başarılı sonuçlar verdiği gözlemlenmektedir. Bu yönde gelişmiş ülke uygulamalarına referans verilmesi ve bunun yaygınlaştırılması önümüzdeki ana hedeflerdendir.
Interaction between the right to legal aid and the right to information: Opportunities presented by legal technology
The special role of the right to legal aid in the protection of other human rights is essential for the restoration of violated rights. Considering this, the article refers not only to important universal and regional international instruments but also to international practice, including court decisions. The right to legal aid is closely related to the right to information, as in most cases, the essence of legal aid is the correct and efficient use of reliable information. However, not providing the necessary information to the person receiving legal aid may deprive him of the opportunity to benefit from his rights. Therefore, the full provision of information on legal aid to individuals and ensuring the availability of such information are important issues. The application of scientific and technical renewals to jurisprudence requires that legal aid services are also aware of these improvements, ensuring confidentiality, comprehensiveness, and availability for the protection of individuals’ rights and freedoms. The unity and interaction of the rights to legal aid and to information include the availability of legal aid services for a specific person and the timely and full provision of necessary information on various proceedings. It is concluded that in the modern era, the application of digital technologies, especially artificial intelligence systems, to legal aid services gives successful results, where reference to the practice of developed countries and their dissemination should be one of the main directions ahead.
In this article, the interaction issues between the right to receive legal assistance and the right to access information were analysed according to the possibilities offered by legal technology. First, the essence and content of the right to receive legal aid show that it plays an important role in ensuring all human rights and freedoms. In addition, the identification of equal access to justice as one of the UN’s sustainable development goals has made the study of the problem even more relevant.
In international documents and judicial practice, the right to receive legal assistance is specifically mentioned as a component of justice and as a means of freedom of information in obtaining legal assistance. In this regard, the limitation of freedom of information should arise out of necessity, and balance should be expected during the limitation. Access to justice is considered an important element of the democratic process and the rule of law. In most cases, the essence of legal assistance is the correct and efficient use of reliable information. However, not providing the necessary information to the person receiving legal aid may deprive him of the opportunity to benefit from his rights. Taking this into account, one of the important issues is the full provision of information on legal assistance to individuals and ensuring the availability of such information.
As in many activities, the development of artificial intelligence in the digital age brings certain innovations to the f ield of legal assistance. The application of the aforementioned scientific and technical innovations to the field of law requires that legal aid services are also aware of these innovations, ensuring confidentiality, completeness, and availability for the protection of individuals’ rights and freedoms. The unity and interaction of the right to receive legal aid and the right to access information include the availability of legal aid services for a specific person and the timely and complete provision of necessary information on various proceedings. Thus, if a professional lawyer does not evaluate the information at his or her disposal in an operative and logical sequence, he or she will not be able to use that information for effective defence. However, not providing the necessary information to the person receiving legal assistance may deprive him of the opportunity to benefit from his rights. Taking this into account, the article concludes that in modern times, the application of digital technologies, especially artificial intelligence systems, to legal aid services has led to a number of important successful results, which is being strengthened in the practice of Azerbaijan.
Later, the analysis in the article is conducted toward the legal aid recipient’s right to obtain legal information and the lawyer’s right to obtain information on the case. A lawyer providing legal assistance does not face restrictions on access to open information. However, when obtaining confidential information, the specific rules of the legal regime must be followed, depending on the type of confidential information. In addition, regardless of whether it is included in any of the types of confidential information, the information obtained by the lawyer in the case is included in his/her professional secret. Therefore, in the legislation of the Republic of Azerbaijan, the information, advice, and references received by a lawyer in connection with the implementation of his professional duties constitute the lawyer’s secret, and the lawyer is prohibited from disseminating such information. Providing information on various proceedings is important from the point of view of both the right to receive legal assistance and the right to access information, and at the same time, it directly affects the course of the process. This is especially evident during criminal proceedings.
Thus, the unity and interaction of the rights to receive legal assistance and access to information includes, first of all, the availability of legal assistance services for a specific person and the timely and complete provision of necessary information on various proceedings. Second, such interaction determines the rights of subjects providing legal assistance to obtain the necessary information and to be responsible for the nondistribution of the information obtained. In addition, the quality level of the legal aid service provided depends greatly on the awareness of individuals. From this point of view, the application of digital technologies, especially artificial intelligence systems, to legal aid services in modern times yields successful results. Artificial intelligence systems called robot lawyers are expected to practice law without human supervision in the future. The development of artificial intelligence is the need of the hour, and it is not correct to limit or prohibit it in any form. On the contrary, thanks to collaborative technologies, it is possible to solve barriers, difficulties of internet use, and defects in online dispute resolution.
Furthermore, the interrelationship between access to legal aid and information rights arises from the declaration on openness in various proceedings. In legal doctrine, publicity and openness are meant to apply to the entire process of proceedings. However, such a conclusion is reached during the research, the application of disclosure to all stages of criminal prosecution can hinder the successful completion of criminalistic and criminal procedural activities. On the other hand, openness should not mean allowing all investigative information to be disseminated through the media. This prohibition is based on the idea of protecting the identity, rights, and dignity of the participants in the court process and preventing damage to the establishment of the truth. The abovementioned ban should not be considered an interference with the freedom of the press but should serve to protect personal data. It can even be said that such a ban is a necessity in terms of realising the independence of the court in all its dimensions.
