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ARTICLE · 14 SEPTEMBER 2015

Constitutional Court Rules On The Right To Receive A Trial Within A Reasonable Time Period

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The Constitutional Court referred to principles and rights contained in the European Convention on Human Rights, as well as judgments by the European Court of Human Rights as supporting the right to a fair trial.

TurkeyLitigation, Mediation & Arbitration

The Constitutional Court recently considered an action where a proceeding was not held for four years and three months (2013/3689). In the circumstances, the court held that the applicant's constitutional right to receive a trial within a reasonable time had been violated. The Constitutional Court held the case's facts to not be complicated. Rather, the Constitutional Court held the trial was delayed due to the court's attitude.

The Constitutional Court considered the following factors:

  • Difficulty of settlement.
  • Qualification for trial.
  • Complexity of material facts.
  • Obstacles to evidence collection.
  • Number of parties.
  • The applicant's use of procedural rights.
  • The applicant's attitude and behavior.

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