Notice by publication prior to fulfillment of certain conditions violates the “Right to Access to Court”.

Notice by publication prior to fulfillment of certain conditions represents a disproportionate interference to the right of access to court according to the Constitutional Court.

The application brought before the Constitutional Court emphasized the issuance of notices by publication, without first exhausting all avenues to ascertain the notification address, infringes upon the applicant’s rights to a fair trial, adversarial proceeding, legal hearing, and the principle of equality of arms. Despite the notification address being readily available, the Court’s decision to resort to publication effectively deprived the applicant of the opportunity to exercise their fundamental right to access the court.

The Constitutional Court, in decision no. 2016/25959, ruled that the applicant’s right of access to court, enshrined by Article 36 of the Constitution, had been violated on ground that the implementation deprived the applicant of the opportunity to exercise their right to access to court, thus representing a disproportionate interference with the right of access to the court.

https://kararlarbilgibankasi.anayasa.gov.tr/BB/2016/2595?BasvuruAdi=Adnan+%C3%87obano%C4%9Flu