Article 148 of the Turkish Constitution regulates the individual
application to the Constitutional Court. An "individual
application", which has entered into the Turkish judicial
system after the Constitutional amendments of 2010,provides that
any individual, claiming to be the victim of a violation by public
authority of the constitutional rights and freedoms within the
scope of the European Convention on Human Rights
("Convention") are entitled to file an
application to the Constitutional Court.
The precondition for submission an individual application to the Constitutional Court is the exhaustion of domestic legal remedies. Pursuant to temporary article 1 of the Law on the Establishment and Jurisdiction Procedures of the Constitutional Court, the Constitutional Court is obliged to examine the individual applications lodged against the final decisions and acts which were finalized as of 23.09.2012.
Law No. 6384 on the Remedying of Certain Applications Lodged to the European Court of Human Rights through Payment of Compensation ("Law No. 6348") entered into force through publication in the Official Gazette dated 19.01.2013 and numbered 28533.
Law No. 6384 shall be enforceable on applications recorded before the European Court of Human Rights ("ECHR") as of 23.09.2012.
Purpose and Scope of Law No. 6384
The purpose of Law No. 6384 is to determine the principles and procedures pertaining to the remedying of certain applications lodged to the ECHR through payment of compensation. The scope of Law No. 6384 is applications lodged to the ECHR on the allegation of;
a. Non-conclusion of the criminal enquiries and proceedings and judgments regarding private and administrative law within a reasonable time,
b. Delayed or deficient execution of the court decisions or non-performance.
Furthermore, it is stated that with a resolution of the Council of Ministers, the provisions of Law No. 6384 may be applicable to other breach areas concerning the rights protected by the Convention and additional protocols to which Turkey is a party. However, the provisions of this Law shall not be enforceable for applications originating from administrative inquiries.
Application Procedure and Term
A Commission consisting of 5 persons was established to rule on
the applications lodged pursuant to the Law No. 6384.
According to Article 5 of Law No. 6384, which regulates the procedure and term of the application lodged to the Commission, applications to the Commission shall be made with a signed petition comprising the identity information of the applicant along with the official admission letter stating the application date and number to the ECHR, the application form and other related information and documents.
It is specified that Article 5 will enter into force as of one month following the publication of Law No. 6384; and applicants are obliged to apply to the Commission within 6 months following the entry into force of said article. Individuals who did not apply in this manner may apply to the Commission within one month following the notification of the ECHR declaring the inadmissibility of the application on the grounds of non-exhaustion of domestic legal remedies.
In the event that the scope of Law No. 6384 is broadened by a resolution of the Council of Ministers or that the period set forth under Article 9 regarding the enforcement of Law No. 6384 is extended for the applications lodged before the ECHR as of 23.09.2012 by the Council of Ministers, the individuals gaining the right of application shall use this right within six months following the publication of the resolution of the Council of Ministers in the Official Gazette.
It is possible to file applications through the chief public prosecutor's office. The Chief public prosecutor's office shall send the application document to the Commission immediately. In this case, the date of application lodged to the chief public prosecutor's office shall be taken into consideration.
The documents issued with respect to the application are exempt from stamp tax and the transactions concluded in this respect are exempt from duties.
Decision concerning the Application and Objection to the Decision
Commission shall reject the application if it determines that:
a. the application does not fulfill the admissibility requirements apart from the condition sought by the ECHR regarding the exhaustion of domestic remedies;
b. the application has not been lodged on time;
c. the applicant does not have any legal interest;
d. the application does not fall within the scope of Law No. 6384.
The Commission is obliged to decide about the application within
nine months by taking into consideration the ECHR precedents and it
shall provide its decision with merits.
An objection against the decision of the Commission may be filed to the Ankara Regional Administrative Court through the Commission within fifteen days following the notification of the decision. This objection shall be assessed as priority and shall be finalized within three months. If the Court does not find the decision of the Commission suitable, it decides on the application. Decisions given on the objection are final and binding.
Execution of the Decision
Any compensation to be paid shall be paid by the Ministry within
three months following the finalization of the decision. The
documents issued and transactions concluded with regard to the
payment are exempt from the stamp tax and duties
A copy of the finalized decisions of the Commission shall be sent to the legal or administrative authority that the application has been filed. If the transaction subject to the application has not been finalized, the related legal or administrative authority shall finalize it promptly.
Any person who claims that one of the rights and freedoms
guaranteed in the Constitution within the scope of the Convention
was breached by a public authority may lodge an individual
application to the Constitutional Court. The Constitutional
Court shall examine the individual applications lodged against the
final decisions and acts, which were finalized as of
As of 23.09.2012, for some applications recorded before the ECHR, provisions of the Law on the Remedying of Certain Applications Lodged to the European Court of Human Rights through Payment of Compensation No. 6384, that was published in the Official Gazette dated 19.01.2013, shall be applied. The commission comprising five persons pursuant to Law No. 6384 shall rule on the applications by giving a decision with merits.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.