The Compensation Commission in Long-Lasting Cases: A New Way to Seek Justice

Right to a Fair Trial and a Reasonable Time: Violations of Rights and Remedies

The right to a fair trial is one of the most fundamental rights that ensures that individuals are represented equally before the law. However, did you know that a fair trial is not limited to making a correct decision? One of the most important elements of this right is the right to "be tried within a reasonable time." Especially in our country, the length of judicial processes can create serious material and moral burdens on individuals. So why do these processes take so long and what can be done in the face of violations? In this article, we will discuss both legal regulations and practical solutions for you.

What is the Right to a Reasonable Trial and Why is it Important?

The right to a trial within a reasonable time is a right guaranteed by both the European Convention on Human Rights (ECHR, Article 6/1) and the Constitution of the Republic of Turkey (Articles 19, 36, 141). This right refers to the right of individuals to demand that their criminal or legal cases be concluded within the shortest possible time.

Especially in a country like Turkey, where trials last for years, violations of this right can seriously affect people’s quality of life. For example, when a person is tried as a defendant in a criminal case and lives in uncertainty for a long time, it negatively affects not only him/herself but also his/her family and environment. Similarly, long-lasting legal cases can lead to financial and business losses. For this reason, it is of great importance that trials are completed both fairly and within a reasonable time.

Right to Compensation in Protracted Trials: How Can You Claim It?

There has been a significant increase in applications to the Constitutional Court for violations of the right to a trial within a reasonable time since 2018. As of 2024, the number of applications made on this issue will exceed 44 thousand, while the number of applications concluded is only around 10 thousand. This shows that individuals need a faster and more effective mechanism in their search for rights.

In response to this need, the Human Rights Compensation Commission was established by Law No. 6384. The Commission identifies rights violations that occur due to long-term cases and ensures compensation is paid. In addition, the regulations introduced by Law No. 7499 have made application processes more accessible.

Application Conditions and Process

1. Violation of Rights: In order to claim compensation, the right to a trial within a reasonable time must first be violated. So how is this violation determined? According to the European Court of Human Rights (ECHR), a non-complex criminal case must be concluded within 3 years and 6 months from the investigation stage. Cases that last longer are considered violations.

2. Application Period and Conditions: According to Article 5/A of Law No. 6384, applications must be made in accordance with a certain form requirement. For example, it is important to clearly state in the petition the dates on which the trial process took place, how long it lasted and the grievances experienced during this process. Applications are usually made through court files and the period required for the application starts from the date the case is completed.

3. Where to Apply? Applications can be made directly to the Human Rights Compensation Commission. In addition, applications can be made to the Constitutional Court or the European Court of Human Rights. However, it is recommended to prefer the Commission for a faster solution.

Effects of Long Trial Times

Violating the right to a trial within a reasonable time does not only cause individuals to lose time. Beyond that, it also causes serious emotional pressure as well as material damages. Long-lasting cases can affect individuals' work lives, social relationships and psychological states. Therefore, seeking compensation is not only a search for rights, but also an important step towards redressing the grievance.

Conclusion

The right to a fair trial and a trial within a reasonable time are fundamental rights that every individual has. If you believe that these rights have been violated in a case, you can apply to the Human Rights Compensation Commission under Law No. 6384 and request compensation. Consulting an expert lawyer during this process will help you defend your rights more effectively.

Remember, justice is not only achieved by the delivery of rights, but also by the fair and timely completion of the process. Be aware of your rights and feel safe on the path to justice.