Constitutional Court of Türkiye

Constitutional Court: reasonable time in a Kemer compensation case

In a compensation action arising from a traffic accident in Kemer, the Constitutional Court found that the nearly fifteen-year proceedings had exceeded a reasonable time and violated the applicants’ right to a fair trial.

Decision informationApplication No. 2014/150
SummaryIn a compensation action arising from a traffic accident in Kemer, the Constitutional Court found that the nearly fifteen-year proceedings had exceeded a reasonable time and violated the applicants’ right to a fair trial.

Decision text

This page is an English editorial summary of the official decision. The official Turkish decision remains the controlling source.

Case note

The application concerned compensation proceedings brought after a traffic accident in Kemer, Antalya. The proceedings moved between courts because of questions concerning jurisdiction and the proper court, and the compensation action remained pending for approximately fifteen years when the Constitutional Court assessed the application.

What the Court decided

The Court examined the duration of the judicial proceedings by considering the complexity of the dispute, the number of parties, the procedural steps and the conduct of the parties and authorities. It concluded that there had been an unreasonable delay and found a violation of the right to a hearing within a reasonable time under Article 36 of the Constitution.

What the decision did not decide

The decision was not a ruling on the ultimate liability for the accident, the correct amount of compensation or the merits of every underlying claim. It addressed the length of the proceedings and the resulting constitutional remedy. It should therefore not be presented as a guarantee of a particular result in another traffic-accident case.

This publication is general legal information. It is not legal advice, a case assessment, a promise of an outcome or an invitation to instruct the office. Deadlines, jurisdiction, evidence and available remedies depend on the facts and the law in force at the relevant time.