Information Note On The Constitutional Court Decision Regarding The Right To A Fair Trial

The decision of the Constitutional Court ("CC"), dated 15 October 2025 and numbered 2022/53511 (the "Decision"), in which the Court held that the right to a fair trial was violated due to the failure to serve the expert report relied upon in the proceedings concerning an administrative fine on the applicant, was published in the Official Gazette dated 19 January 2026 and numbered 33142.

Background of the Individual Application

The applicant applied to the criminal judgeship of peace seeking the annulment of the administrative fine imposed on him/her. Although the expert report forming the basis of the administrative sanction was relied upon in the course of the proceedings, this report was not served on the applicant and was not accessible through the National Judiciary Informatics System ("NJIS"). Accordingly, the applicant asserted that he/she had been unable to submit objections and statements regarding the said report, and that this situation had violated