What rights were introduced by the Law on the Duties, Working Procedures, and Principles of the Compensation Commission, numbered 6384, which was enacted as part of the 8th Judicial Package?

What rights were introduced by the Law on the Duties, Working Procedures, and Principles of the Compensation Commission, numbered 6384, which was enacted as part of the 8th Judicial Package?

In accordance with Article 148 of the Constitution, the Constitutional Court reviews the conformity of laws, Presidential decrees, and the Rules of Procedure of the Grand National Assembly of Turkey with the Constitution in terms of form and substance, and adjudicates individual applications.

Everyone may apply to the Constitutional Court on the grounds that one of their fundamental rights and freedoms guaranteed by the Constitution and within the scope of the European Convention on Human Rights has been violated by public authority.

The right to individual application and, for these reasons, the application to the Constitutional Court remain fully valid. This is because it is not possible to replace a constitutional provision with a statutory provision. In other words, citizens can still pursue the path of individual application. This path is open and valid.

The most significant change brought by the judicial package was made through Article 3, with the aim of reducing individual applications. The justification provided was that individual application cases increase the workload of the Constitutional Court. The intention was to introduce a right to compensation instead of individual applications.

The amendments made to Law No. 6384 on the Resolution of Certain Applications Made to the European Court of Human Rights by Way of Compensation form the basis of this judicial package. The changes made to the title, purpose, and scope sections of the law are the subject of this article. Due to the expansion of the scope of Law No. 6384 and, consequently, the definition of the commission's duties, changes are being made to the name and purpose of the Law.

The name of the Law on the Resolution of Certain Applications Made to the European Court of Human Rights by Way of Compensation, dated 9/1/2013 and numbered 6384, has been changed to “Law on the Duties, Working Procedures, and Principles of the Compensation Commission.”

The text of the purpose article has been regulated as follows:

The purpose of this Law is to determine the duties, working procedures, and principles of the Compensation Commission. (ARTICLE 1)

We can explain the scope, that is, the area of application of this Law, as follows:

a) Compensation may be requested in cases where proceedings within the scope of investigations and prosecutions under criminal law are not concluded within a reasonable time.

b) Compensation may be requested in judicial proceedings within the scope of private law that are not concluded within a reasonable time.

c) Compensation may be requested in cases where proceedings within the scope of administrative law are not concluded within a reasonable time.

d) It covers applications made to the European Court of Human Rights on the grounds that court decisions were executed late, incompletely, or not executed at all.

e) Taking into account the intensity of violation judgments rendered against our country in line with the established case law of the European Court of Human Rights regarding rights protected under the European Convention on Human Rights and the additional protocols to which Turkey is a party, the provisions of this Law may also be applied by Presidential decree regarding other areas of violation “concerning applications made to the European Court of Human Rights.”

f) Non-pecuniary damages on the grounds that investigations and prosecutions under criminal law, as well as proceedings under private and administrative law, are not concluded within a reasonable time,

g) It also covers applications made to the Commission for the compensation of all kinds of pecuniary and non-pecuniary damages arising from protective measures in accordance with the second paragraph of Article 142 of the Criminal Procedure Code No. 5271, dated 4/12/2004, and compensation may be requested.

h) The provisions of this Law shall not apply to applications arising from administrative investigations. (Scope-ARTICLE 2)

This law also determines the duties and working procedures and principles of the compensation commission. The unfair and unjustified prolongation of cases and the processes we explained within the scope above unfortunately cause great grievances for citizens. Especially in labor cases, cases that should end in 6 months do not end in almost 6 years. Do these courts not know anything about class justice? Especially when they fire a worker for moral reasons, the employer does not pay severance pay or notice pay; there is complete oppression in this regard through the courts.

It is a bitter truth that courts delay cases with great indifference. Against this, lawyers and citizens seeking their rights must be brave and knowledgeable to seek their rights.

By using the rights brought by this law, it will serve as a warning to judges and prosecutors if they do not conclude cases and investigations on time, within a reasonable period.

However, citizens need to claim their rights. The rights in the compensation commission must be used with knowledge, care, and courage, without any negligence. Otherwise, we, as citizens, will be responsible for the arbitrariness and corruption of the judiciary.

The guarantor of democracy and judicial independence is the citizen. We must act with this awareness. Otherwise, we will say 'alas' many more times.