Turkish Constitutional Court Rules On Right To Receive A Justified Decision

In a recently published decision, the Turkish Constitutional Court held that an applicant's right to a fair trial was breached when the court of first instance failed to consider some of the applicant's arguments on a particular topic. Accordingly, the Constitutional Court held that the applicant's right to receive a justified decision had been violated and the court of first instance should re-examine the lawsuit. The higher court also awarded non-pecuniary damages as compensation for a violation of the applicant's right to receive trial within a reasonable time.

The applicant sought re-examination of the initial lawsuit and compensation for damages on the basis that her right to a fair trial was breached because she claimed: