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MISCELLANEOUS
351
Law on the Remedying of Certain Applications Lodged to
the European Court of Human Rights through Payment
of Compensation
3
*
Att. Ceyda Buyukoral
Article 148 of the Turkish Constitution regulates the individual
application to the Constitutional Court. An “individual application”,
which has entered into the Turkish judicial system after the Constitutional
amendments of 2010, provides that any individual, claiming to be the
victim of a violation by public authority of the constitutional rights and
freedoms within the scope of the European Convention on Human Rights
(“
Convention
”) are entitled to file an application to the Constitutional Court.
The precondition for submission an individual application to the
Constitutional Court is the exhaustion of domestic legal remedies.
Pursuant to temporary article 1 of the Law on the Establishment and
Jurisdiction Procedures of the Constitutional Court, the Constitutional
Court is obliged to examine the individual applications lodged against
the final decisions and acts which were finalized as of 23.09.2012.
Law No. 6384 on the Remedying of Certain Applications Lodged to
the European Court of Human Rights through Payment of Compensation
(“Law No. 6348”) entered into force through publication in the Official
Gazette dated 19.01.2013 and numbered 28533.
Law No. 6384 shall be enforceable on applications recorded before
the European Court of Human Rights (“ECHR”) as of 23.09.2012.
Purpose and Scope of Law No. 6384
The purpose of Law No. 6384 is to determine the principles and
procedures pertaining to the remedying of certain applications lodged
to the ECHR through payment of compensation
.
The scope of Law No.
6384 is applications lodged to the ECHR on the allegation of;
a) Non-conclusion of the criminal enquiries and proceedings and
judgments regarding private and administrative law within a
reasonable time,
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Article of January 2013