Turkish Constitutional Court Rules That A Verdict Based On Irrelevant Legislation Violates The Right To Fair Trial

The Turkish Constitutional Court recently considered the right to a fair trial. It held that the applicant's right to a fair trial had been violated because the first instance court had based its verdict on irrelevant legislation. Accordingly, the Constitutional Court sent the case back to the first instance court to be re-examined.

The applicant argued that her right to a fair trial and the legality of crime and punishment principle had been violated on the basis the first instance court had rejected her earlier cancellation action regarding an administrative traffic fine, where the court's reasoning was not relevant to the material facts.

The Constitutional Court upheld the applicant's claim, emphasizing that all persons are constitutionally entitled to seek legal remedies and all court verdicts must indicate the justification for their decision. The court noted these rights arise from the Turkish Constitution (Article 36, right to fair trial; Article 141,