Suing the State: Full Remedy Actions in Turkey 2026

In most countries, “The King can do no wrong.” In modern Turkey (a constitutional state), the opposite is true: “The Administration is liable for the damages it causes.” (Constitution Art. 125).

If a police officer wrongly shoots you, a state doctor performs a surgery incorrectly, or a municipality leaves a hole in the road that destroys your car, you file a “Full Remedy Action” (Tam Yargı Davası).

This is different from a normal “Tort Lawsuit” (Tazminat Davası) which is filed against individuals. Full Remedy Actions are filed against the State/Entity (Ministry, Municipality, University) in the Administrative Court.

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1. Grounds for Liability

The State pays compensation based on two main principles:

A. Service Fault (Hizmet Kusuru)

This is the most common ground. It means the administration failed to perform its duty properly.

1. Late Performance: The Fire Department arrived 2 hours after the call.
2. Bad Performance (Malpractice): A surgeon in a State Hospital left a scissor inside the patient.
3. Non-Performance: The police failed to protect a woman despite 10 protection orders (femicide cases).

B. Strict Liability (Kusursuz Sorumluluk)

Sometimes, the State pays even if it did nothing “wrong”. This is based on the “Equality before Public Burdens” principle.

• Social Risk (Terrorism): If a bomb proves in a city square and destroys your shop, the State pays compensation (under Law No. 5233) even if the police took all precautions.
• Dangerous Activities: If a military munition depot proves accidental, neighbors are compensated regardless of fault.

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2. Mandatory Step: Preliminary Application (IYUK Art. 13)

CRITICAL 2026 RULE: You cannot go directly to court.

1. The Application: You must first write a petition to the relevant Administration (e.g., Ministry of Health).
   • Content: “Your doctor made a mistake on [Date]. I suffered [X] TL material and [Y] TL moral damage. Please pay me.”
2. The Deadline: You must apply within 1 YEAR of learning about the damage (and max 5 years from the act).
3. The Wait: The Administration has 30 Days to answer (Reduced from 60 days in recent years).
   • If they say “No” (Explicit Rejection): You have 60 Days to file the lawsuit.
   • If they don’t answer (Implied Rejection): After the 30 days pass, you have 60 Days to file.

• Trap: If you skip this application and file directly, the court rejects your case on “Procedural Grounds” (İdari Mercii Tecavüzü).

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3. Types of Compensation

A. Material Compensation (Maddi Tazminat)

Real economic losses.

• Active Damage: Hospital bills, car repair costs.
• Passive Damage (Loss of Profit): Loss of wages because you couldn’t work for 6 months.
• Loss of Support (Destekten Yoksun Kalma): If a father is killed by police error, his wife and children get a monthly pension calculated by actuaries.

B. Moral Compensation (Manevi Tazminat)

For pain, suffering, and emotional distress.

• Turkish courts are traditionally “conservative” here. Do not expect millions of dollars like in the USA. However, in 2026, amounts are increasing due to inflation. A death case might yield 500,000 - 2,000,000 TL in moral damages depending on closeness.

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4. Competent Court

• Which Court? The “Administrative Court” (İdare Mahkemesi) where the damaging act happened.
• No Witnesses: Unlike Civil Courts, Administrative Courts usually judge on Files/Documents. There is rarely a witness hearing. They rely on “Expert Reports” (Bilirkişi).
• Who is the Defendant? Always the Institution. You sue the “Ministry of Health,” not “Dr. Ahmet.” (The Ministry pays you, then sues Dr. Ahmet to get the money back -> Recourse/Rücu).

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5. Case Study: The “Pothole” Accident

• Scenario: John (Expat) was driving his motorcycle. He hit an unmarked excavation hole left by the Municipality Water Works (ISKI/KOSKI). He broke his leg and the bike was totaled.
• Step 1: Police Report (Kaza Tutanağı) confirmed the “Road Defect” (Yol Kusuru).
• Step 2 (Application): John’s Attorney sent a letter to the Municipality asking for 500k TL.
• Step 3 (Rejection): Municipality said “The driver was speeding.”
• Step 4 (Lawsuit): Filed in Admin Court.
• Step 5 (Expert): The Court Expert said “Municipality is 70% at fault, Driver is 30% at fault.”
• Outcome: Court awarded 70% of the calculated damage.

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6. Deadlines Checklist

Action	Deadline	Starting From
Preliminary Application	1 Year	Learning of the damage
Govt Response Time	30 Days	Receipt of application
Filing Lawsuit	60 Days	Rejection (or silence)

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7. FAQ

1. Is there Interest (Faiz)?

YES. Legal interest runs from the date you applied to the Administration. You should strictly request “Interest from the date of application” in your petition.

2. Can I sue the Judge or Prosecutor?

NO. You cannot sue judges/prosecutors personally for their wrong decisions (unless it’s a crime/bribery). You sue the State (Treasury) for “Judicial Error.”

3. How long does it take?

Administrative cases are slower than some, but faster than Civil Courts. Expect 1.5 to 2.5 years for a final decision (plus appeal).

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Konya Compensation Attorney

We represent clients in high-stakes Full Remedy Actions against Municipalities, Ministries, and the Police Force. We act to ensure the State is held accountable.

📞 Compensation Dept: +90 554 192 47 20

📧 Email: fevziyaskir@gmail.com

📍 Address: Nişantaş Mah. Vatan Cad. No:12/1 Selçuklu/KONYA

⚖️ Av. Fevzi Yaşkir

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Legal Disclaimer: This guide was prepared by Attorney Fevzi Yaskir to assist foreign investors and expats in Turkey.