Paylaş | 10 June 2024
The “Training Programme on the Right to a Fair Trial” was organised in Ankara on 30-31 May 2024 within the scope of the project jointly carried out by the Constitutional Court and the Council of Europe, titled “Supporting the Effective Implementation of Turkish Constitutional Court Judgments in the Field of Fundamental Rights”.
The opening speeches of the programme, funded by the European Union and the Council of Europe, were delivered by the President of the Turkish Constitutional Court, Mr. Kadir Özkaya, the Minister of Justice, Mr. Yılmaz Tunç, the President of the Justice Academy of Türkiye, Mr. Muhittin Özdemir, the Head of the Civil Society, Fundamental Rights, Judiciary and Home Affairs Section of the European Union Delegation to Türkiye, Mr. Alexander Fricke, and the Head of the Council of Europe Programme Office in Ankara, Mr. William Massolin. The programme, which included training on criminal and civil proceedings, was attended by the Vice-President and Justices of the Constitutional Court, the President of the Court of Cassation, the Ministry of Justice, Deputy Ministers of Justice, the Chief Public Prosecutor of the Council of State, as well as numerous judges and public prosecutors.
President Özkaya began his speech by noting that Türkiye is a founding member of the Council of Europe and that the Council’s Programme Office in Ankara has successfully implemented many projects with various public institutions.
“The individual application system is one of the most significant reforms in the field of law and human rights in our country.”
Emphasising that the individual application system has fostered a strong awareness in the Turkish legal system, President Özkaya stated that the Constitutional Court has issued numerous and highly significant judgments in the field of human rights over the years. He said, “In the decision-making process, the Court follows a procedure involving many structures that monitor each other. Universal legal principles and standards, the case-law of the European Court of Human Rights, the case-law and jurisprudence of the Constitutional Court and our country’s high courts, and the valuable experience of our justices are all considered in the deliberation of cases”.
President Özkaya stated that the individual application system has been successful both quantitatively and qualitatively in the context of the Court’s judgments and has been recognised by the European Court of Human Rights as an effective domestic remedy. He highlighted that the Court has assumed an important responsibility for incorporating universal principles and standards into Turkish law. President Özkaya also mentioned that with the introduction of the individual application system, the number of judgments finding a violation against Türkiye by the European Court of Human Rights has significantly decreased. He reaffirmed the Court’s commitment to strengthening the individual application system and continuing its efforts to protect human rights with great determination.
“It is of great importance that we maintain cooperation and dialogue with all judicial institutions.”
President Özkaya emphasised the importance of cooperation and dialogue among all judicial institutions for the continued strengthening of the individual application system and the protection of human rights, and continued his remarks as follows:
“At this point, it is of great importance that we maintain cooperation and dialogue with all judicial institutions. We wish to establish close communication with the higher judiciary, the regional courts, and the courts of first instance. We consider this to be a necessity.”
President Özkaya stated that a significant part of the work carried out under the project is aimed at informing judges, public prosecutors, public officials, and lawyers about the judgments of the Constitutional Court and ensuring that these judgments are implemented in practice. He noted that the coordination meetings, conferences, and roundtables organised within the scope of the project aim to ensure that the inter partes and erga omnes effects of judgments finding a violation in individual applications are understood and implemented.
“The Court also monitors whether or not the judgments finding a violation are enforced.”
President Özkaya expressed satisfaction that the judgments in individual applications are being enforced in present cases, stating, “The Court also monitors whether or not the judgments finding a violation are enforced. According to our Court’s statistics, 99.2% of the violation judgments issued since 2013 have been enforced, with problems arising only in a very limited number of cases due to technical issues. The programme we are launching today and the subsequent activities will greatly contribute to identifying and resolving such problems. We believe that through joint efforts with all our judicial institutions, we can resolve or at least minimise these problems”.
President Özkaya highlighted that the number of individual applications to the Constitutional Court is enormous compared to its counterparts worldwide, noting that as of today, there are currently 106,000 individual applications pending before the Constitutional Court, and in 2024 alone, 32,000 applications have been filed. He continued his remarks as follows:
“We are therefore faced with an average of over 100,000 applications per year. This situation prevents the examination of individual applications in due time and thus hinders the timely restoration of violations of fundamental rights and freedoms. This is where the erga omnes effect of the Constitutional Court’s judgments should come into play. In this regard, all actors in the judiciary have an important role. When examining individual applications, the Court not only examines whether fundamental rights have been violated in a given case but also interprets the provisions of the Constitution regarding fundamental rights and freedoms and lays down the principles and guidelines for their implementation. At this point, the subsidiary nature of the individual application should be recalled. The protection of fundamental rights and freedoms is primarily the responsibility of the public authorities and the judiciary.”
“The judgments of the Constitutional Court concern the entire society in terms of their outcomes.”
Emphasising that the adoption by the judicial authorities of the Constitutional Court’s judgments in the field of fundamental rights is essential for the effective protection of human rights, President Özkaya stated, “The judgments of the Constitutional Court concern the entire society in terms of their outcomes and their effects extend beyond the parties to the case. The judgments of the Constitutional Court reflect an approach that places human rights at the centre in all areas of law. The strength and continuity of this erga omnes effect is only possible if the principles and interpretations set out in the judgments of the Constitutional Court are observed and respected in future cases”.
President Özkaya pointed out that the effective implementation of the Court judgments is not a technical matter that can be achieved solely through normative regulations. He stressed that it requires the coordination of the judicial institutions and the development of a judicial culture based on fundamental rights. Pointing out that state organs, which have a shared responsibility to uphold the Constitution, must work together to protect fundamental rights and freedoms and to establish justice, President Özkaya continued his remarks as follows:
“As the Constitutional Court, I would like to clearly reiterate our intention to establish and maintain a healthy dialogue with other judicial institutions. Of course, when we speak of dialogue, we mean mutual communication. By dialogue, we do not merely intend to dictate our own judgments. On the contrary, we seek to resolve the issues before us by listening to our colleagues at all levels of the judiciary with an approach based on the Constitution and human rights. In this way, we aim to adopt and implement an approach involving other judicial institutions.”
President Özkaya concluded his speech by stressing the importance of the activities to be carried out within the scope of the programme for improving communication and the exchange of information between judicial institutions and thanked all the participants.
Click for the full text of the speech delivered by President Kadir Özkaya.