Violation of Reasonable Time: Constitutional Court Individual Application and Compensation

"Trial within a reasonable time" is one of the basic components of the right to a fair trial. Due to the backlog in the Turkish judicial system, long trial periods are frequently the subject of individual applications to the Constitutional Court.

"Reasonable Time" Criterion

There is no absolute duration; It is evaluated in a concrete case:

• Complexity of the case.
• Attitude of the parties (did they ask for a delay).
• The level of care of the judicial authority.
• The importance of the case for the parties.
• Is the accused in custody (additional sensitivity).

Constitutional Court and ECtHR Practice

• 5+ year violation threshold in civil cases.
• Sensitivity increases in criminal cases if there is a defendant detained for 4+ years.
• Over 3-4 years in administrative cases.
• Total period including appeal.

Calculation of Durations

• Law: filing a lawsuit → finalization.
• Punishment: beginning of criminal investigation (suspect of crime) → finalization.
• Administration: objection/petition → finalization.
• Counting exceptions: sessions postponed at the request of the parties (not for judicial reasons).

If Violation Is Detected — Compensation

• Pecuniary damage: 5,000-50,000 TL band, taking into account the duration, type of case and the party's impact (TCC jurisprudence).
• Material compensation:Concrete damages (loss of income, insurance premiums).
• Extension of the period is itself a basis for non-pecuniary damages.

Constitutional Established Jurisprudence

In cases of reasonable time violations, the Constitutional Court evaluates the violation by taking into account the "objective difficulties of the trial"; However, structural problems such as court overload and delay in appointing judges do not eliminate the victim's right to violation. Compensation amounts have been brought closer to ECHR standards.

Structural Violation — Pilot Decision

The ECHR has determined that Türkiye has a structural problem regarding trial duration in some cases and has given pilot decisions. These decisions include a request for systemic correction.

Compensation in Domestic Law — Separate Way

• Law No. 6384: Special commission for compensation as a result of ECHR-CC violation.
• Claim for compensation for long processes in domestic law.
• In parallel with the individual application to the Constitutional Court.

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