President of the Constitutional Court Mr. Kadir Özkaya stated that a total of 702,053 individual applications have been received so far, 600,014 of which have been concluded, and added, “The Court has set, to a great extent, the standards intended to protect and promote fundamental rights and freedoms in terms of individual applications, thereby developing an extensive and rich case-law on human rights.”

Within the framework of the Project on “Supporting the Effective Implementation of Turkish Constitutional Court Judgments in the Field of Fundamental Rights”, jointly undertaken by the Turkish Constitutional Court and the European Union-Council of Europe, the 7^th Regional Meeting on “Violation Judgments in Individual Applications in Civil, Criminal and Administrative Jurisdictions and Elimination of the Consequences of Violations” was held in Diyarbakır on 20-21 October 2025.

Among those attending the meeting were President of the Constitutional Court Mr. Kadir Özkaya, President of the Court of Cassation Mr. Ömer Kerkez, Chief Public Prosecutor at the Court of Cassation Mr. Muhsin Şentürk, Chief Public Prosecutor at the Council of State Mr. Cevdet Erkan, Vice-Presidents and Members of the Constitutional Court, Presidents of the Criminal and Civil Chambers of the Court of Cassation, Members of the Court of Cassation and the Council of State, as well as Heads of Divisions and Offices of the Council of Europe. In addition, 103 judges and public prosecutors from Diyarbakır, Elazığ, Batman, Mardin and Siirt attended the event.

In his opening remarks, President Özkaya recalled that previous regional meetings had been held in İstanbul, Gaziantep, Bursa, Trabzon, Erzurum and İzmir, with the participation of a total of 791 judges and public prosecutors. He further noted that 67 judges and public prosecutors of the civil and criminal jurisdiction and 36 judges of the administrative jurisdiction participated in the meeting held in Diyarbakır. Explaining the three main objectives of the regional meetings, President Özkaya stated, “First, to establish effective and efficient cooperation between the Constitutional Court and all judges, public prosecutors and courts; second, to identify and address the issues regarding the steps to be taken in order to ensure that the inter partes consequences of violation judgments rendered by the Constitutional Court in individual applications are promptly implemented in favour of applicants, thereby ensuring that the violations of rights are remedied as soon as possible; and third, to discuss the erga omnes effects of the reasoning set forth in the Court’s violation judgments and thus to ensure that justice is achieved as swiftly and effectively as possible.”

The Constitutional Court Does Not Act as a Supreme Court of Appeal while Examining Individual Applications

President Özkaya stated that since 23 September 2012, a total of 702,053 individual applications have been received, 600,014 of which have been concluded. He underlined that 531,134 of these applications were declared inadmissible, whereas 81,841 violation judgments were rendered. President Özkaya further noted that among these, 56,443 concerned the right to a trial within a reasonable time, and that the number of violation judgments based on respective rights was 25,398. Emphasising that the number of violation judgments which had not been fully executed yet was 84, President Özkaya expressed, “It is observed that the total number of violation judgments issued within 13 years is approximately 3.4 percent of the total applications, excluding those concerning the right to a trial within a reasonable time. This data reveals a clear conclusion. Accordingly, in the individual application mechanism, the Constitutional Court does not act as a supreme court of appeal, but rather, in accordance with the authority vested in it by the Constitution, confines its review to determining whether a constitutionally guaranteed right has been violated.”

Alleged Violations Are Examined with a Justice-Oriented Approach

President Özkaya stated that during the decision-making processes, the Court carries out its works with the utmost care and diligence, and that also close and effective communication is maintained with both the Court of Cassation and the Council of State. Emphasising that the Constitutional Court examines the alleged violations of rights, in all individual applications brought before it, with a justice-oriented approach, regardless of the applicants’ religious, political, or ideological identities, President Özkaya expressed, “The Court remains committed to delivering its judgments within the boundaries of law, guided by conscience, and based on the principle of objective justice. It maintains this approach in its engagement with both individuals and institutions, striving to reinforce core values such as justice, the rule of law, and the protection of fundamental rights and freedoms in line with its mandate. In doing so, the Court aims to strengthen the sense of justice among citizens and institutions and to reinforce their confidence in the state and the legal order. At the current stage of the individual application mechanism, the Constitutional Court has largely established the standards for the protection and promotion of fundamental rights and freedoms by relying on not only the case-law of the European Court of Human Rights but also all universal principles, standards, and judgments pertaining to human rights law, thereby developing an extensive and rich case-law on human rights.”

Judges and Public Prosecutors Perform a Profession that Embodies Both Light and Fire

President Özkaya recalled that in every society across the world, the first and foremost guarantee of the principles and values that constitute a society’s constitutional identity or its common social identity is the existence of an independent and impartial judiciary, which is a sine qua non for the rule of law. He further stated, “An independent and impartial judiciary depends primarily on the presence of independent and impartial judges and public prosecutors. For preserving rights and ensuring justice, which are absolute necessities for the survival of the state and society, the primary responsibility lies with judges and public prosecutors, who are the main actors in the administration of justice.”

Remarking that judges and public prosecutors perform a profession that embodies both light and fire, President Özkaya continued, “In order to understand, interpret and resolve in a fair manner the disputes brought before us, we must always be equipped with the necessary knowledge. We must not render judgments based on lacking information. We must continuously enhance our ability to comprehend and interpret legal rules and material facts thoroughly. Every judgment we deliver must offer society a sense of confidence and stability. Each indictment should not merely represent an accusation but also serve as a beacon of justice. The honesty and impartiality reflected in our judgments shape not only the outcome of the proceedings but also the collective sense of justice within society; they deeply influence the level of social trust as well as the very spirit and foundation of the state. Let us always bear in mind that rendering fair, honest, and impartial judgments will help elevate both ourselves and our society. Ultimately, we should aspire not to the fire, but to the light. For those who choose the light, every endeavour results in success, while for those who choose the fire, every endeavour results in failure.”

The Events in Gaza over the Past Two Years Have Been Recorded as One of the Darkest Chapters in Human History”

President Kadir Özkaya stated that the horrific events taking place in Gaza over the past two years have been recorded as one of the darkest chapters in human history. He continued, “When we look at what has happened, it becomes evident that respect for human dignity, the rule of law, and the protection of fundamental rights must always be regarded and implemented as prevailing principles. These principles should not remain abstract concepts. They must be manifested in the practices of states, in judicial decisions, and in social life. Humanity must respond to all these events with a collective conscience. It must be borne in mind that the common future of humanity, as well as a just and perpetual peace, can only be achieved by returning to moral values and justice, and by ensuring the supremacy of justice and morality, throughout the world.”

President of the Court of Cassation, Mr. Ömer Kerkez, in his opening address, emphasised the commitment and effort made by the Constitutional Court in examining individual applications. He stated that remedying the consequences of a violation is even more important than the finding of a violation itself, and continued, “When the Constitutional Court delivers a judgment finding a violation, all institutions, all judicial bodies, in fact, all of us, must comply with it and fulfil its requirements.” Mr. Kerkez underlined that remedying the consequences of a violation is a fundamental right of citizens. He further noted that such meetings would raise significant awareness among judges and public prosecutors, and added, “In my view, one of the most important virtues here is empathy. We must be able to put ourselves in the shoes of our citizens whose rights have been violated or who claim that their rights have been violated. We must do what we would expect for ourselves if we faced a similar situation.” Expressing his opinion that prevocational and vocational training programmes should be provided to judges and public prosecutors on both the Constitutional Court’s violation judgments and the European Court of Human Rights’ case-law, Mr. Kerkez expressed his gratitude to those who contributed to the organisation of the regional meeting, which is of great importance in this sense.

Chief Public Prosecutor at the Court of Cassation, Mr. Muhsin Şentürk, in his remarks, stated that the endeavours by members of the judiciary in ensuring justice make great contribution to the peace of individuals, societies, and states, and that likewise, the peace of states maintains peace around the world. Pointing out the great importance of such meetings, Mr. Şentürk also shared his assessments concerning the effects of the Constitutional Court’s violation judgments and their reflections in practice.

Chief Public Prosecutor at the Council of State, Mr. Cevdet Erkan, highlighted the vital role of administrative justice in the protection of human rights, noting that in the absence of an effective human rights review by administrative courts, individuals may remain unprotected against the exercise of public power. Mr. Erkan underlined that the individual application mechanism was established in Türkiye with the aim of ensuring better protection and higher standards for fundamental rights. He further referred to the great importance of taking into account the violation judgments of both the European Court of Human Rights and the Constitutional Court in administrative jurisdiction, which would help prevent new human rights violations.

Head of Department for the Implementation of Human Rights, Justice and Legal Cooperation Standards at the Council of Europe, Ms. Lilja Grétarsdóttir, stated that such programmes provide a valuable platform for judges from all levels of the judiciary to share their experiences, identify the challenges they face, and discuss the best practices for ensuring the effective execution of the Constitutional Court’s judgments. She continued, “The protection of human rights is a shared responsibility, and the effective execution of the Court’s judgments lies at the very heart of this mission.”

Head of the Council of Europe Programme Office in Ankara, Mr. William Massolin, noted that Türkiye is among the longest-standing member states of the Council of Europe and emphasised the great importance the Council attaches to its strong cooperation with the Constitutional Court. He stated that the meeting provided a unique opportunity for members of the judiciary from across the region to come together and exchange views on the erga omnes and inter partes effects of the Court’s violation judgments, as well as on the implementation of fundamental rights. Mr. Massolin expressed his gratitude to all stakeholders and conveyed his best wishes for a fruitful meeting.

In their opening remarks, Diyarbakır Chief Public Prosecutor Mr. Mustafa Çelenk, President of the Diyarbakır Judicial Justice Commission Mr. Erhan Çavuşoğlu, President of the Diyarbakır Regional Court of Appeal Mr. Kenan Şenlik, Chief Public Prosecutor at the Diyarbakır Regional Court of Appeal Mr. Ali İrfan Yılmaz, and President of the Diyarbakır Regional Administrative Court Mr. Abdullah Kahraman underlined the significant contribution of the regional meeting to the legal system and the judiciary. They also dwelled on the importance of the Constitutional Court’s violation judgments and of remedying the consequences of such violations.

Within the scope of the programme, presentations were delivered on “The Erga Omnes Effect of the Constitutional Court’s Judgments Finding a Violation” and “The Inter Partes Effect of the Constitutional Court’s Judgments Finding a Violation.” Additionally, roundtable meetings attended by judges and public prosecutors provided a platform for exchanging views on landmark judgments concerning the right to a fair trial, right to property, right to life, right to personal liberty and security, and the right to respect for private and family life.