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Recent decisions by Türkiye’s Constitutional Court (AYM) have drawn attention within legal circles, particularly regarding the court’s handling of individual applications alleging rights violations.
Lawyer Hatice Yıldız has suggested that the court’s growing tendency to find violations of the right to a reasoned judgment may be connected to expectations that the European Court of Human Rights (ECHR) could issue a series of future rulings against Türkiye.
In a public statement, Yıldız argued that the Constitutional Court has increasingly focused on procedural shortcomings by finding violations of the right to a reasoned judgment, while at the same time rejecting claims related to the right to a fair trial, the principle of “no punishment without law,” and other alleged fundamental rights violations.
According to Yıldız, such rulings may be viewed as an effort to address certain deficiencies at the domestic level before cases reach the Strasbourg-based court. However, she emphasized that a finding of a violation concerning the right to a reasoned judgment does not prevent applicants from pursuing other rejected claims before the ECHR.
She further noted that individuals whose broader rights violation claims have been dismissed by the Constitutional Court may still file applications with the European Court of Human Rights within four months of the notification of the domestic ruling.
The debate has renewed discussion about the interaction between Türkiye’s constitutional review mechanism and the European human rights system. Legal observers say future ECHR judgments could play a significant role in shaping both judicial practice and the protection of fundamental rights in the country.