Administrative Legal Liability and Full Remedy Actions in Turkey

The State is not immune from liability in Turkey. Unlike historical “sovereign immunity” concepts, the modern Turkish Republic is a “Social State of Law.” Under Article 125 of the Constitution, “The administration is liable to compensate for damages resulting from its acts and actions.” This constitutional guarantee is operationalized through the Full Remedy Action (Tam Yargı Davası), which allows citizens to sue the administration for material and moral damages.

Grounds for Liability

Turkish Administrative Law recognizes two main grounds for state liability: Fault-Based Liability and Strict Liability.

1. Service Fault (Hizmet Kusuru)

This is the primary ground. The administration is liable if the public service was performed defectively. Different from personal negligence, “Service Fault” is an objective failure of the organization. It generally manifests in three forms:

• Late Performance (Geç İşleme): The service was provided, but too late to be useful.
  • Example: Firefighters arriving 2 hours after the call when the station was 5 minutes away.
  • Example: An ambulance arriving 45 minutes late to a heart attack case in a city center.
• Bad Performance (Kötü İşleme): The service was provided incorrectly or below standard.
  • Example: A doctor leaving a surgical instrument inside a patient during an operation in a state hospital.
  • Example: Police using excessive force during a protest, injuring bystanders.
• Non-Performance (Hiç İşlememe): The administration completely failed to act where it had a duty.
  • Example: Police failing to intervene in a known threat despite repeated calls for help.

2. Strict Liability (Kusursuz Sorumluluk)

In certain cases, the administration pays compensation even if it did nothing wrong. This is based on the principle of “equality in sharing public burdens.” If the state undertakes a dangerous activity for the public good, it must compensate the few individuals who suffer from it.

• Social Risk: Compensation for innocent victims of terrorism or social unrest.
• Dangerous Activities: Damage caused by a military firing range, an ammunition depot explosion, or a dam overflowing.

The Lawsuit Process: Step-by-Step

Step 1: Mandatory Application (IYUK Art. 13)

You cannot go straight to court. You must first apply to the relevant administration requesting compensation.

• Time Limit: Within 1 year of learning of the damage (and max 5 years from the event).
• Content: “You caused me X amount of damage due to this act; please pay me.”

Step 2: The Administration’s Response

The administration has 30 days.

• If they accept and pay -> Case closed.
• If they reject or don’t answer -> You have 60 days to file a lawsuit in the Administrative Court.

Step 3: The Trial

There are no witnesses or cross-examinations in Administrative Court usually. It is a written procedure. The court will often appoint an Expert Witness (Bilirkişi) to calculate the exact amount of financial loss.

Damages You Can Claim

1. Material Damages (Maddi Tazminat): Actual financial loss. Property damage, medical bills, loss of income, loss of support (if a family member died).
2. Moral Damages (Manevi Tazminat): Compensation for sorrow, pain, and suffering. While money cannot replace a life or health, it serves to offer some psychological relief.

Conclusion

Full remedy actions are the citizens’ shield against administrative negligence. Whether it’s a pothole damaging your car or a medical error altering your life, the State must pay for its mistakes. However, strict procedural deadlines mean you need to act fast.

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