Constitutional Court Individual Application Guide

The Individual Application (Bireysel Başvuru) to the Turkish Constitutional Court (AYM) is a revolutionary remedy introduced in 2012. It allows any individual to complain directly to the highest court if their fundamental rights and freedoms, protected by the Constitution and the ECHR, have been violated by public power (courts, administration).

Scope of Protection

You cannot apply for every injustice. The violation must concern:

1. Fundamental Rights: Right to Life, Prohibition of Torture, Liberty and Security, Fair Trial, Privacy, Freedom of Expression, Property Right.
2. Public Power: The violation must be committed by the State. (You cannot apply against your neighbor directly, unless the state court failed to protect you).

Main Criteria: Exhaustion of Legal Remedies (Olağan Yolların Tüketilmesi)

The AYM is not an appeal court. It is a “Superwriter” of rights.

• Rule: You must first go through the entire legal chain: First Instance -> Regional Appeal (Istinaf) -> Supreme Court (Yargitay/Danistay).
• Finality: You can only apply after the decision becomes final.
• Exception: If the legal remedy is ineffective or practically impossible (e.g., immediate deportation risk), you can apply directly.

The 30-Day Deadline is Absolute

You must apply within 30 days of the notification of the Final Decision.

• If you miss this by 1 day, the application is rejected as “Time-Barred.”

Application Form and Procedure

The application is strictly formal. You must use the official “Application Form” (Başvuru Formu).

1. Identity: Clear details.
2. Facts: Chronological summary of events.
3. Violated Rights: Specifically citing which article (e.g., Art 36 Fair Trial) was breached.
4. Remedy: What do you want? (Retrial, Compensation).
5. Attachments: The final verdict, key evidence. You submit this to any courthouse or via Attorneys (UYAP).

Outcome

• Inadmissibility: 90% of cases are screened out here (e.g., “This is just an appeal disguised as rights violation”).
• Violation Decision: If AYM finds a violation, it usually orders a Retrial (Yeniden Yargılama) to fix the error. In rare cases where retrial is useless, it awards Compensation.

Conclusion

The Individual Application is the “last exit” before the European Court of Human Rights (ECHR). A well-drafted petition focusing on constitutional arguments rather than factual disputes is key to passing the strict admissibility filter.

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