The right to be tried within a reasonable time is guaranteed in Article 36 of the Constitution and Article 6 of the ECHR. It is one of the most frequently violated headings in individual applications to the Constitutional Court.
Factors in Duration Evaluation
- Complexity of the case
- Behavior of the parties
- Behavior of the judicial authorities
- Importance of the outcome of the case for the applicant
Typical Reasonable Time Thresholds
- Simple civil case: 2-3 years
- Complex criminal/administrative case: 4-6 years
- Multi-stage trial: Violation over 7-10 years
AYM Approach
The Constitutional Court awards an average of 5,000-30,000 TL non-pecuniary damages in each case where the reasonable period is exceeded. The amount varies depending on the duration, nature of the file and the extent of the grievance.
Application
After domestic remedies are exhausted, an application must be made to the Constitutional Court within 30 days. The application form can be downloaded from Constitutional Court.