IMPORTANT POINTS TO CONSIDER WHEN APPLYING TO THE CONSTITUTIONAL COURT

1. WHAT IS AN INDIVIDUAL APPLICATION?
An individual application is a remedy through which anyone can seek legal remedies against any of the fundamental rights and freedoms guaranteed by the Constitution, as covered by the European Convention on Human Rights and its additional protocols to which Turkey is a party (Protocol Nos. 1, 4, 6, 7, 13, and 15), all of which have been violated by public authorities.

2. WHEN CAN AN INDIVIDUAL APPLICATION BE FOUND?

To file an individual application, ordinary administrative and judicial legal remedies must have been exhausted. Exhausting administrative and judicial remedies means exhausting all administrative and judicial remedies prescribed by law for the act, action, or omission alleged to have caused the violation before filing an individual application. There is no requirement to resort to extraordinary legal remedies.

An individual application must be filed within thirty (30) days from the date all remedies have been exhausted, or, if no such avenue has been envisaged, from the date the violation was learned about (including the day of learning). The Constitutional Court is not subject to a judicial recess. Since the Court continues to work during the judicial recess, the application period and other time limits continue to run.

If the final decision is notified before notification, the Constitutional Court considers the 30-day period to begin as of the date of learning. In such cases, if the decision is expected to be notified after learning, the Constitutional Court rejects the case on the grounds of statute of limitations. In such cases, an individual application must be filed from the date of learning without waiting for the decision to be notified.

The Constitutional Court can determine from the UYAP document processing log that the decision was opened and read in UYAP. Therefore, to avoid loss of rights, the individual application period should be calculated using the date the final decision was opened and read in UYAP (including the day of reading).

3. WHAT SHOULD BE CONSIDERED WHEN SUBMITTING AN INDIVIDUAL APPLICATION?

4. The individual application form to the Constitutional Court is available on the Constitutional Court's website (https://www.anayasa.gov.tr/tr/bireysel-basvuru/bireysel-basvuru-elektronik-formu/). A sample application form is also included in the Annex to the Rules of Procedure (Annex-1). (The individual application form was updated with the amendment to the Rules of Procedure published in the Official Gazette dated November 6, 2018.)

Before completing the application form, please visit the Constitutional Court's website (www.anayasa.gov.tr) and carefully read:
• The Constitution, particularly its Second Part titled "Fundamental Rights and Duties,"
• The European Convention on Human Rights and its additional protocols to which Turkey is a party,
• Articles 45 to 51 of Law No. 6216 on the Establishment and Trial Procedures of the Constitutional Court, dated March 30, 2011,
• Articles 59 to 84 of the Constitutional Court Rules, published in the Official Gazette No. 28351, dated July 12, 2012,
• The Individual Application Form Guide.

The court's trial procedure is, in principle, written. Applicants must conduct their correspondence with the Constitutional Court following the individual application procedure specified in the Rules. All requests for information, documents, and other information regarding applications must be submitted in writing. Requests submitted without following this procedure, except for those submitted during a hearing, witness hearing, or discovery, will not be considered.

5. HOW TO COMPLETE THE INDIVIDUAL APPLICATION FORM? WHAT SHOULD BE CONSIDERED WHEN COMPLETING THE FORM?
• The application form must be completed completely and accurately according to the application procedure.
• The application language is Turkish.
• The applicant's Turkish ID number, first name, last name, mother's name, father's name, date of birth, gender, nationality, profession and address, telephone numbers (if applicable), and email address must be completed completely and accurately.
• If the application is submitted through a lawyer, the lawyer's first name, last name, registered bar association and registration number, correspondence address, and telephone numbers (if applicable) must be completed completely and accurately. (Care should be taken to ensure specific authorization is provided in the power of attorney.)
• A chronological summary of the events related to the alleged violation of public authority must be provided.
• Concise explanations must be provided regarding which of the current and personal rights within the scope of the individual application were violated and for what reason, along with the relevant justifications and evidence.
• The fundamental rights allegedly violated and the related explanations must be provided separately and in conjunction with each other.
• The stages of exhaustion of all available remedies must be listed chronologically.
• The date on which all available remedies were exhausted, or if no other remedy was foreseen, the date on which the violation was learned, must be written. Otherwise, the Court may reject the application.
• If the application cannot be submitted within the timeframe due to an excuse, a valid reason must be provided.
• The wet signature of the applicant, their lawyer, or their legal representative must be included in the "VII. DECLARATION AND SIGNATURE" section of the application form. (Like the Court of Appeals, the applicant's signature is not required; a representative signing is also acceptable.)

6. THINGS TO CONSIDER WHEN COMPLETING THE APPLICATION FORM

Things to consider when filling out the "Section 1 D. Application Sequence Sheet" section of the Application Form:
• The applicant must number the documents submitted as attachments to the application form in chronological order.
• Each document must be written under main headings.
• Documents must be legible and complete.
• Staples, paper clips, or adhesive tape must not be used to fasten documents together.
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Things to consider when completing the "Section 4 A. Events Subject to the Application and Explanation of the Stages Regarding the Exhaustion of Remedies in Date Order" section of the Application Form:
• A chronological summary of the events related to the alleged violation of the public authority's actions, acts, or omissions, and the stages related to the exhaustion of remedial remedies must be written in chronological order, indicating the dates.
• The events must be presented in a clear and understandable summary.
• The specified file numbers must be written carefully and accurately.
Things to consider when completing the "Section 4 C. Concise Explanations of the Rights Within the Scope of the Individual Application, and for Which Reasons, and the Relevant Grounds and Evidence" section of the Application Form:
• The rights claimed to have been violated and the related explanations must be written separately for each right. The current and individual rights within the scope of the individual application must be explained for which reason and the relevant grounds and evidence.
• The rights violated must be stated concisely. Corresponding articles in the Constitution (corresponding articles in the European Convention on Human Rights can also be added as an appendix) must be included and included in the rights section.

• Previously issued Constitutional Court decisions that are relevant to the case can also be included in the explanations section. These decisions can be accessed on the Constitutional Court website (https://kararlarbilgibankasi.anayasa.gov.tr/).

Things to keep in mind when filling out the "Section 6, Requests for Conclusion" section of the Application Form:
• The requested request must be clearly stated.
• A request for material and moral compensation can be requested in this section.
• If a violation is determined and the violation stems from a court decision, a retrial or compensation request can be requested in this section.

 Since the authority to make "true copies" for files involving lawyers and themselves is recognized under Law No. 1136 on Attorneyship, it is possible for the applicant lawyer to make true copies of court documents to be attached to the individual application form. In other words, court decisions can be downloaded and extracted through UYAP, and the documents can be made true copies of the originals and added to the application form. It can be added.

 The four series of numbers in blocks of seven, located next to the QR code, are the UYAP Document Verification code. Be sure to ensure this code appears on any documents attached to the application (if you do not submit the originals).

 If there are any changes to the information or information included in the application form after the individual application is submitted, these changes must be notified to the Constitutional Court in writing.

7. WHAT SHOULD BE ADDED TO THE APPLICATION FORM?

• For applications pursued through a legal representative or attorney, a document complying with the legislation proving authorization to represent the applicant.
• Proof of payment of the fee.
• If the application is submitted in person, a certified copy of an official document verifying the applicant's identity.
• If a legal representative applies on behalf of a legal entity, a certified copy of an official document proving authorization to represent as of the application date.
• Document showing the date of learning of the final decision or action.
• Certified copies of documents supporting the allegations of rights violations alleged in the application.
• If a compensation claim is made, a description of the damages suffered and related documents.
• Certified copies of petitions for legal remedies.
• If the application was not submitted within the deadline, documents proving the excuse, if any.
• If a legal aid application is made, documents demonstrating the applicant's financial situation demonstrating their inability to cover the litigation costs, and other documents stipulated in the legislation for requesting legal aid. These must be attached to the application form.

If any deficiencies are found in the application documents, the applicant or their representative, if any, is given a period not exceeding fifteen (15) days to correct the deficiencies. If the deficiencies are not corrected within this period without a valid excuse, the application will be rejected. If the deficiencies are not corrected within the specified timeframe, the application will be rejected and this decision will be notified to the applicant. An appeal may be lodged with the Commission within seven days of the date of notification. The Commission's decisions on this matter are final.
8. HOW AND WHERE CAN AN INDIVIDUAL APPLICATION BE SUBMITTED?
The individual application form must be completed completely and in accordance with the requirements and procedures set forth in the Rules of Procedure, using official language, and any required supporting documents must be attached.
Individual applications are subject to a fee. Therefore, proof of payment of the fee must be attached to the application form. As of 2022, the fee for individual applications is 664.10 TL. Additionally, if an individual application is made by a legal representative or attorney, a bar association stamp must be affixed to the duly executed power of attorney (the power of attorney must include a statement stating that the application will be made to the Constitutional Court), and the attorney fee must be paid. If the case is a civil case, an additional postage stamp must be obtained from the PTT (Turkish Postal Service).

To submit the application after completing the form completely and accurately:

a) Applications can be made directly to the Constitutional Court in Ankara and submitted to the individual application office located there.
b) Applications can be submitted "for submission to the Constitutional Court" through courts, front desks, and legal correspondence offices.
c) Applications can also be submitted through additional overseas representative offices.
d) Convicts or detainees in prison can apply through the prison administration after completing the forms requested by the prison administration.

Once the duly completed application form is submitted, along with the fee payment receipt, the applicant or their representative will receive a receipt, and this date will be considered the date of the application. The application form and its attachments submitted to the courts or foreign representatives are sent to the Constitutional Court in physical and electronic format after the necessary registration procedures are completed.

9. CAN INDIVIDUAL APPLICATIONS BE FOUND THROUGH UYAP?
It is currently not possible to submit individual applications through the National Judicial Network Information System (UYAP). Article 63, Paragraph 4 of the Constitutional Court Rules of Procedure states, "The General Assembly may decide to allow applications to be submitted electronically using secure electronic signatures." According to this article, the General Assembly of the Court is required to issue such a decision for applications to be submitted through UYAP. If the General Assembly of the Court decides to allow applications to be submitted electronically using secure electronic signatures, this would add a new procedure to the Constitutional Court application process. However, since no such decision has yet been made/is in place, individual applications cannot be submitted through the National Judicial Network Information System (UYAP).
10. WHAT ARE THE ACCEPTIBILITY CRITERIA FOR INDIVIDUAL APPLICATIONS?
Constitutional Court applications are reviewed in the order of their receipt. However, if there are applications that require priority review due to their subject matter and importance, a different review order may be determined. The deadline for finalizing applications is not specified in law or the internal regulations.
Individual applications submitted to the Constitutional Court are examined from two perspectives: "procedural" and "substantive." First, the "Application Conditions" are examined. This examination examines whether the "Admissibility Conditions" are met. If it is determined that the "Admissibility Conditions" are not met, the application is rejected without further examination on the merits. The Admissibility Review is conducted by the Commission. The inadmissibility decision is final; there is no right of appeal against this decision.
Other matters related to the admissibility conditions and the procedures and principles of the review are regulated by the Internal Regulations:
• It is possible to submit an individual application to the Constitutional Court alleging violations of fundamental rights and freedoms guaranteed by the Constitution, as covered by the European Convention on Human Rights and the additional protocol to which Türkiye is a party.
• There must be a grievance resulting from an exercise or failure to exercise the state's public authority.
• All administrative and judicial remedies provided by law for the act, action, or omission alleged to have caused the violation must be exhausted before filing an individual application.
• Individual applications to the Constitutional Court cover acts and decisions finalized after September 23, 2012. Violations of rights and grievances arising from acts or decisions taken before this date cannot be included within the scope of an individual application. However, for violations of rights and grievances committed before September 23, 2012, if the application requirements are met, the European Court of Human Rights is open.
• Individuals whose current and personal rights have been violated due to a violation have the right to apply. In other words, they must qualify as victims.
• In addition to direct or indirect grievances, the Constitutional Court also grants an admissibility decision to a person if they are convincingly stated to be under the threat of a potential or imminent violation.
• The right of private legal entities to file an individual application is limited to violations of their legal personality rights. Public legal entities are not granted the right to file an individual application.
• Individuals who are not Turkish citizens may only file an individual application with the Constitutional Court regarding matters falling within the scope of rights granted to foreign nationals. Foreign nationals cannot file an individual application regarding rights granted to Turkish citizens but not to foreign nationals.
• The applicant must have suffered significant harm.
• If, during the examination of an individual application, a new application is filed for the same incident and allegation of violation, or if a new application is filed for the same incident and allegation of violation after an inadmissibility decision, the applicant will be deemed inadmissible due to "duplicate application."

• The required fees for the individual application must be paid. The required expenses for the application are:

i. Application Fee
ii. Attorney Fee
iii. Attorney Stamp
iv. Postage Stamp (if it is a civil case)
v. Pink File

11. WHAT HAPPENS AFTER THE CONSTITUTIONAL COURT CONDUCTS REVIEW AND MAKES A DECISION?
If the individual application is deemed admissible,

• A copy of the application is sent to the Ministry of Justice for information.
• Commissions and departments may conduct any investigation and review to determine whether a fundamental right has been violated while reviewing individual applications. Necessary information, documents, and evidence related to the application are requested from the relevant parties.
• The court reviews the applications on a case-by-case basis. However, it may decide to hold a hearing if deemed necessary, either ex officio or upon the request of the applicant or the Ministry of Justice. If a hearing is decided, the relevant parties are informed of the place, date, and time of the hearing. A hearing report is prepared during the hearing. Copies of the minutes are provided to the applicant, the Ministry of Justice, and any other relevant parties upon request.

• It is not possible for the applicant to keep their identity confidential on the application form. However, the applicant may request the Constitutional Court to keep their identity confidential in publicly available documents. The applicant must clearly state the reasons for this request. If the applicant's request to keep their identity confidential is accepted by the Sections or the General Assembly, the applicant's first and last names will be used in the decision published on the Constitutional Court's official website or in the Official Gazette.

• At the end of the substantive review, a decision will be made whether the applicant's rights have been violated or not. If a violation is found, the necessary steps to eliminate the violation and its consequences will be determined. However, an expediency review will not be conducted, and decisions cannot be made that qualify as administrative actions or procedures.

If it is determined that the violation resulted from a court decision:

a) The file will be sent to the relevant court for a retrial to eliminate the violation and its consequences. The relevant court will conduct a retrial to eliminate the violation and its consequences described in the violation decision and, if possible, issue a swift decision based on the file.
b) If, at the end of the investigation, it is determined that one of the applicant's rights has been violated and there is no legal basis for a retrial, an appropriate compensation award may be made in favor of the applicant.
c) If the determination of the compensation amount requires a more detailed investigation, a lawsuit may be filed in the general courts without a final decision.

The signed originals of the decisions are kept in the archives of the Constitutional Court. A copy of each decision is notified to the applicant, the Ministry of Justice, and other relevant parties. All General Assembly and Section decisions, as well as Commission decisions of fundamental importance for admissibility, are published on the Constitutional Court's website. Decisions issued by the General Assembly and Section that serve as pilot decisions or have fundamental importance for establishing precedent, are published in the Official Gazette.

12. CAN LEGAL AID BE REQUESTED IN INDIVIDUAL APPLICATIONS?

The applicant must clearly state this request in the application form. The applicant must also attach to the application form documents demonstrating their financial situation and other documents stipulated by law for requesting legal aid. For a request for legal aid to be accepted, the applicant must be unable to pay the legal expenses, either partially or fully, without causing significant hardship for themselves or their families, and the request for legal aid must not be manifestly unfounded.

13. CAN PRECAUTIONARY MEASURES BE REQUESTED IN INDIVIDUAL APPLICATIONS?
If it is determined that there is a serious threat to the applicant's life or material or moral integrity, the departments may decide on the necessary measures during the merits review phase, either ex officio or upon the applicant's request.

Regarding applications under review, if it is determined that there is a serious threat to the applicant's life or material or moral integrity before a decision is made on the merits of the case, either ex officio or upon the applicant's request. If no precautionary measures are applied for, the application will be immediately reviewed by the commissions, and the application will be sent to the relevant department to decide on the measure.
The decision on the merits of the application for which a precautionary measure is issued must be made within six months at the latest. If no new decision is made regarding the continuation of the injunction, if it is determined that the applicant's rights have not been violated, or if the application is dismissed, the injunction will automatically be lifted.

If the injunction request and justification are not stated, and if there is no situation that would allow an ex officio injunction, no evaluation of the injunction will be conducted.

FINALLY:
All documents submitted to the court must be authentic. The date of learning of the violation and the dates of the legal proceedings must be accurately recorded. Otherwise, if abusive, misleading, or similar behavior is engaged in, the applicant will be deemed to have abused the right to individual application. If a clear abuse of the right to individual application is determined, the application will be rejected at every stage of the review, and a disciplinary fine of not more than two thousand Turkish Lira may be imposed against the applicant, in addition to the court costs.
It is possible to abandon or waive the individual application. In such cases, a decision to dismiss the application may be issued.
STJ. ATTORNEY ECENUR ÖZALP
U&T Law - U&T Law and Consulting