Undetailed Court Decision Violates The “Right to a Fair Trial”

Undetailed court decision fails to address the necessity to exhibit the characterization of contested events, the rational and legal regulations underpinning the judgement as well as the correlation between  the events and the verdict.

The application submitted to the Constitutional Court highlighted several deficiencies including that the resolution of objections against the administrative fines based solely on the contents of the file, the requests for investigation and expert examination remained unfulfilled, the response of the administration was not notified to the objector, and the court decisions lacked sufficient justification, and thus asserted that the right to a fair trial, encompassing principles of adversarial trial and equality of arms, as well as the entitlement to a detailed decision, had been infringed upon.

In its adjudication under Application Number: 2013/8756, the Constitutional Court concurred with the applicant’s contention, ruling that the right to a fair trial, as guaranteed by Article 36 of the Constitution, had indeed been violated.

https://kararlarbilgibankasi.anayasa.gov.tr/BB/2013/8756