Turkish Constitutional Court Rules On Right To Receive A Fair Trial

The Constitutional Court recently considered an applicant's right to receive a fair trial. The court held this constitutional right to receive a fair trial was violated in these circumstances because the court of first instance gave a decision regarding cancellation of an enforcement proceeding, contrary to mandatory rules and without jurisdiction over the dispute.

The applicant initiated an enforcement proceeding, receiving a judgement for payment of the applicant's attorney's fee. The debtor of the proceeding brought an action for annulment of enforcement proceeding before Labor Court. The court held that the action had the characteristic of an action for annulment of objection. It awarded the debtor 25% compensation for denegation of enforcement and nullified the objection.