Turkey: Constitutional Court Rejects Applicant And Issues Fine For Falsely Alleging Breach Of Right To Fair Trial

In a recently published decision, an applicant to the Constitutional Court claimed the Supreme Court had breached their right to a fair trial. The Constitutional Court held that the applicant had falsely alleged the breach of its right to a fair trial. The Constitutional Court rejected the claim and fined the applicant TL 500 on the basis that it had abused its right of petition.

The applicant alleged to the Constitutional Court that the Supreme Court had breached his right to a fair trial by:

• Holding a revision of decision examination without the parties requesting this.
• Misinterpreting waiver provisions.
• Not concluding the proceedings within a reasonable time period.

The Constitutional Court noted that the Ministry of Justice had stated that a decision cannot be revised without one of the parties requesting this action. However, the Constitutional Court held that contrary to the applicant's claims, the defendant in the Supreme Court proceeding had actually requested such a revision. The Constitutional Court held that the applicant had used his right to reply against the counterparty's request, and therefore was aware of the defendant's revision request.

The Constitutional Court rejected the applicant's claims on the basis that:

• The applicant's claim involves a misleading statement.
• On examining the relevant file, it is clear that a decision revision request has been made.

The Constitutional Court emphasized that using false material facts or submitting false information and documents with the intent of perverting the court is an abuse of the right to appeal.

The Constitutional Court imposed a TL 500 disciplinary fine on the applicant under Article 51 of Law number 6216 and Article 83 of the Constitutional Bylaws.

The Constitutional Court's decision was published in Official Gazette number 29442 on 11 August 2015. The full text of the reasoned decision can be found at this link (only available in Turkish).

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