The Right to Claim Compensation for Prolonged Lawsuits
1. Introduction: Is the Delay of Justice a Denial of Justice?
In the Turkish legal system, every citizen has the freedom to seek justice before the courts. However, sometimes trials drag on for years, files gather dust on shelves, and justice becomes "delayed."
In this situation, the following question, frequently raised in the public sphere, comes to the fore:
"Why do cases take so long, and is it possible to compensate for this injustice?"
The answer is clear: Yes, it is possible. In Turkey, citizens now have the right to claim compensation from the state if their "right to a trial within a reasonable time" is violated . This right is not merely a complaint; it is a legal avenue for recourse .
2. The Legal Basis of the Right to a Trial Within a Reasonable Time
2.1. Constitutional Guarantee
Article 36 of the Constitution of the Republic of Turkeyguarantees everyone the right to a fair trial. This right includes not only the right to apply to a court, but also the right to have the case concluded within a reasonable time .
The duty of the judiciary is not only to make decisions, but to do so in a timely manner . Because justice loses its meaning when it is delayed. A lengthy trial can directly affect an individual's private life, professional life, family life, and psychological health. Therefore, the concept of "reasonable time" is now a part of judicial ethics.
2.2. European Convention on Human Rights (ECHR)
Article 6 of the European Convention on Human Rights, to which Turkey is a signatory, states that "everyone has the right to a fair trial within a reasonable time." The European Court of Human Rights (ECtHR) has issued numerous rulings against Turkey over the years regarding violations of the right to a fair trial within a reasonable time. As a result of these violations, Turkey has been forced to pay millions of Euros in compensation.
In response to this situation, Turkey has developed an effective remedy mechanism within its domestic law: the Human Rights Compensation Commission.
3. The Emergence of the Right to Compensation for Protracted Lawsuits
3.1. Law No. 6384 and the Establishment of the Commission
Law No. 6384 , which came into force in 2013 , was enacted to address the grievances arising from lengthy lawsuits and delayed court decisions within domestic law. With this law, the "Human Rights Compensation Commission" was established within the Ministry of Justice.
The commission's aim is to resolve such violations within domestic law , and to offer citizens direct compensation .
3.2. Scope of the Commission's Competence
The commission reviews applications in the following cases:
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Prolonged trials (exceeding the reasonable time limit),
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Delayed or non-enforcement of court decisions.
Cases heard in any branch of the judiciary, whether criminal, civil, or administrative, can be considered within this scope.
4. What does "reasonable time" mean?
4.1. There is no fixed time limit
The concept of "reasonable time" varies for each case. That is, the law does not set a specific timeframe, such as "the case must be concluded in a maximum of 3 years."
However, in practice, the following criteria are considered:
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The nature and complexity of the case ,
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The parties' behavior (for example, whether they are exhibiting an attitude aimed at prolonging the case),
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The workload and efficiency of the courts ,
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The total length of the trial period.
The European Court of Human Rights and the Constitutional Court consider cases lasting an average of 5 years or more to have exceeded a reasonable time limit . However, even 3 years can be considered long in simple cases.
4.2. Example: Reasonable Time in Legal Cases
If a rent collection case has lasted 8 years, with the file repeatedly sent to expert witnesses or the court wasting time due to jurisdictional disputes, this is considered to have exceeded a reasonable time limit.
Similarly, in criminal cases, if a defendant remains in the trial for 7 years despite being acquitted, this constitutes a serious violation of rights.
5. Conditions for Claiming Compensation
5.1. The Case Having Been Final
To file a compensation claim, the relevant case must first be final.
Applications cannot be made to the Commission for ongoing proceedings. However, applications are possible within a specified period after the case has concluded.
5.2. Application Period
Applications must be submitted to the Commission within one year of the case becoming final . This period is a forfeiture period; even a single day's delay will result in the rejection of the application.
5.3. Application Form
Applications the UYAP Citizen Portal or by submitting a petition to the Ministry of Justice .
The petition must include the following elements:
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Applicant's identity and contact information,
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How long did the case, which was heard in which court, last?
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What are the reasons why the delay caused inconvenience?
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The amount of compensation requested,
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The date the court decision became final.
6. Determining the Amount of Compensation
The commission takes into account the case law of the European Court of Human Rights and the decisions of the Constitutional Court when determining the amount of compensation . On average, between 1000 and 1500 TL is paid as compensation for non-pecuniary damages each year.
However, in some cases;
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Given the importance of the subject matter of the case,
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Given the severity of the victimization,
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Depending on the extraordinary length of the lawsuit
This amount could be even higher.
For example, in a criminal case that lasted 12 years, the European Court of Human Rights may award around 15,000 TL in non-pecuniary damages , in accordance with its standards .
7. Judicial Review Against the Commission's Decision
An appeal can be made directly to the courts against the Commission's decision.
If the application is rejected or the compensation amount is deemed insufficient, the individual an annulment lawsuit in the administrative court .
As a result of this lawsuit, the court may both annul the Commission's decision and award a new compensation amount it deems appropriate.
8. Which Cases Are Considered within the Scope of Long-Term Decisions?
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Criminal cases (where the defendant is tried for years),
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Divorce, alimony, and child custody cases
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Labor claims and compensation lawsuits,
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Expropriation without compensation and administrative lawsuits,
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Property cancellation, inheritance, debt collection lawsuits,
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Enforcement proceedings and delayed collection of judgments.
In all these cases, exceeding a reasonable time limit may be a concern.
However, since the circumstances of each case are different, a case-by-case analysis is necessary.
9. Constitutional Court and ECHR Practice
9.1. The Stance of the Constitutional Court
The Constitutional Court frequently views violations of the reasonable time limit as a violation of the right to a fair trial. When deciding on compensation for non-pecuniary damages to citizens, the Court applies the following criteria:
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The total duration of the trial,
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The attitude of the courts and the parties,
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The significance of the dispute,
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The stress, distress, and psychological effects experienced by the applicant.
9.2. Examples from ECHR Decisions
According to the ECHR, the state's responsibility stems not only from conducting the trial but from conducting it effectively and within a reasonable time .
This principle has been clearly emphasized in the "Ortaç/Turkey", "Bozkurt/Turkey", and "Süleyman Çetinkaya/Turkey" judgments against Turkey.
10. Problems Encountered in Practice
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Citizens often from what date the period should be calculated .
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In some cases, the lack of a clearly defined date for finalization creates problems.
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There is uncertainty regarding whether or not monetary damages can be claimed in compensation claims .
In practice, only moral damages are awarded. Material damages (e.g., lost income) can only be claimed by filing a separate lawsuit against the administration under general provisions.
11. Why is Legal Support Important?
Although applications to the Commission can be made by citizens, the application must be prepared in accordance with the proper procedures.
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the legal process,
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evidence,
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periods,
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Having legal support makes a huge difference in ensuring that the reasons are expressed correctly
Because incomplete or erroneous applications are rejected, there is no possibility of re-application.
Furthermore, the lawyer can act strategically during the administrative court proceedings to increase the compensation.
12. State Responsibility and Judicial Ethics
Prolonged trials damage not only the individual but also trust in the justice system . Therefore, it is the state's duty to reduce the workload of the courts, strengthen the judicial staff, and develop electronic judicial systems.
Even with all these measures in place, compensating remains a constitutional obligation.
13. Points to Consider During Implementation
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Pay attention to the deadline: If an application is not made within 1 year after the case becomes final, the right will be forfeited.
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Submit all documents completely: A copy of the decision, the reasoned decision, and the finality certificate must be included.
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Keep the request amount reasonable: The commission generally rejects excessively high requests.
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Keep your notification address up-to-date: Incomplete notifications will delay the process.
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Seek legal assistance: Legal representation is crucial, especially during the application process to the administrative court.
14. Frequently Asked Questions (FAQ)
1. Is it necessary to file a lawsuit to receive compensation from the state?
No. First, to the Human Rights Compensation Commission . However, if the Commission's decision is insufficient, a lawsuit can be filed in the administrative court .
2. How is the amount of compensation determined?
The amount of compensation is determined based on the total duration of the trial, the nature of the case, and the extent of the harm suffered. On average, around 1000–1500 TL is paid as compensation for moral damages per year.
3. Can I also claim compensation for my financial losses?
The commission only compensation for non-pecuniary damages . A full judicial review case can also be filed in administrative courts for material damages.
4. Who can apply to the commission?
Every individual who is a party to the proceedings , whether plaintiff or defendant, has the right to appeal.
5. My case is still ongoing, can I still apply?
No. Applications can only be made after the case has been finalized. This option is not available for ongoing cases.
15. Conclusion: The Price of Delayed Justice
The right to a trial within a reasonable time is not just an ideal; it is a commitment of the state.
If a case drags on for years, the individual not only waits for justice but also becomes exhausted, loses hope, and has their life plans postponed.
Therefore, in Turkish law, lengthy lawsuits are now considered a violation of rights that can be remedied with compensation . Citizens can address their grievances by applying to the Commission within domestic law before going to the ECHR.
In short, anyone who now says "this case is not over" can demand accountability not only for the delay of justice, but also for the harm caused by that delayed justice
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