Individual Application to the Constitutional Court of Turkey...

The Individual Application (Bireysel Başvuru) to the Constitutional Court (AYM) is the “Super Supreme Court” remedy in the Turkish Legal System. It is the final stop for seeking justice within Turkey before escalating a case to the European Court of Human Rights (ECtHR).

[!NOTE] 💡 Cultural Context: The 2010 Revolution

Before 2012, Turkish citizens could not complain directly to the Constitutional Court about rights violations; strictly only politicians could challenge laws. This changed with the 2010 Constitutional Referendum, which introduced the “Individual Application” mechanism, revolutionizing Human Rights Law in Turkey.

1. What is an Individual Application?

It is an exceptional legal remedy. You do not re-try the facts of the case (e.g., “The witness lied”). Instead, you argue that the judicial process itself or the final verdict violated your fundamental rights guaranteed by the Constitution and the European Convention on Human Rights (ECHR).

⚖️ Legal Reference: Constitution of Turkey, Article 148/3 “Everyone may apply to the Constitutional Court on the grounds that one of the fundamental rights and freedoms… has been violated by public authorities.”

2. Strict Conditions for Admissibility

Over 80% of applications are rejected mostly due to procedural errors. The criteria are extremely strict:

1. Exhaustion of Legal Remedies: You cannot skip steps. You must strictly finish the Court of First Instance -> Regional Court of Justice (Istinaf) -> Court of Cassation (Yargıtay) stages first.
2. Current and Personal Grievance: You cannot file a complaint “on behalf of the public.” You personally must be the victim.
3. The 30-Day Deadline: This is the most critical trap. You must file the application within 30 days of the notification of the final domestic court decision.

[!WARNING] ⚠️ Warning: The Time Limit is Absolute

There is no “grace period.” If the 30th day falls on a weekday and you miss it, your right is lost forever. This period starts from the moment your lawyer receives the electronic notification.

3. The Application Process

Since it is an “Exceptional Remedy,” the petition format is unique. Standard lawsuit petitions will be rejected.

• The Form: A specific “Individual Application Form” must be filled out directly or via the UYAP Lawyer Portal.
• The Arguments: You must cite specific Constitutional Articles (e.g., “Violation of Property Right, Art. 35”).
• Fees: A specific application fee (harç) must be paid.

4. Consequences of a Violation Judgment

If the Constitutional Court rules in your favor (“Violation Decision”), two things can happen:

1. Retrial: Ideally, the file is sent back to the lower court with instructions to fix the violation (e.g., “Re-hear the witness you ignored”).
2. Compensation: If a retrial is impossible or meaningless (e.g., unjustified long detention), the Court may award monetary compensation (Manevi Tazminat).

Conclusion

The Individual Application is highly technical. It is not an appeal; it is a constitutional complaint. A generic defense petition copy-pasted from a lower court case will result in immediate inadmissibility.

[!IMPORTANT] Need Expert Legal Help?

Attorney Fevzi Yaskir provides specialized legal representation for Individual Applications to the Constitutional Court. We meticulously draft your application to meet the strict admissibility criteria.

• 📞 Phone: +90 554 192 47 20
• 💬 WhatsApp: Chat with us
• 📧 Email: fevziyaskir@gmail.com