Consequences of the Constitutional Court's Decisions on Violation of Rights in Individual Application Files for the Trial Courts

Abstract

Turkey began its journey towards protecting human rights internationally when it became a party to the European Convention on Human Rights (ECHR) in 1954. Its commitments in this area were deepened by recognizing the right of individual applications to the European Court of Human Rights (ECtHR) in 1987 and the Court's compulsory jurisdiction in 1990. In 2004, the Turkish Constitution was amended to include international human rights treaties, including the ECHR. The constitution was significantly amended to strengthen the status of rights treaties over national laws. Turkey took a further important step in 2010 with a constitutional amendment paving the way for individuals to appeal to the Constitutional Court directly. This system entered into force on September 23, 2012, giving individuals the right to appeal to the Constitutional Court in cases of violations by public authorities of their fundamental rights protected by the Constitution and the ECHR. This system contributes significantly to the concept of the "rule of law", whereby the actions and decisions of the state are presumed to be within the framework of the law. Constitutional jurisdiction is a balancing element in a democratic society, preventing abuse of power and ensuring the rule of law, protecting the rights of individuals, and realizing justice.

Individual applications aim to achieve two main objectives: First, to raise the level of protection of fundamental rights in the country, and second, to address allegations of human rights violations within national borders before they reach international judicial bodies. They are recognized as a secondary remedy only after all normal legal remedies have been exhausted. This study will explore how individual applications contribute to strengthening the protection of rights and freedoms in Turkey and the impact of the Constitutional Court's decisions on the courts of first instance. An analytical approach will be used to understand this impact and how individual applications are implemented, which will contribute significantly to understanding the role of this system in improving the Turkish justice system and promoting human rights.