Individual Application

The Facts

The applicant, who was entitled to be employed as a computer engineer, could not be appointed since the security clearance investigation carried out against her yielded negative results. The action for annulment brought by the applicant was dismissed by the administrative court. Her subsequent appeal was also dismissed by the regional administrative court with no right of appeal. After the applicant, represented by a lawyer, had herself become aware of the reasoning of the final judgment which had been rendered by the regional administrative court through the National Judiciary Informatics System (UYAP), the said judgment was served on her lawyer.

The Applicant’s Allegations

The applicant claimed that her right to a fair trial had been violated with regard to the action for annulment initiated by the applicant for her not being appointed on the grounds that the result of the security investigation and archive research had been negative.

The Court’s Assessment

In the present case, it has been determined as a result of the examination made on the UYAP document transaction log regarding the regional administrative court’s judgment that the applicant accessed the judgment on 27 March 2019 at 06.09 p.m. Although the relevant judgment was served on the applicant’s lawyer on 6 April 2019, it was observed that the applicant had learned about the judgment by accessing it through UYAP. In view of above, it should be accepted that the applicant had read the regional administrative court’s judgment on UYAP, that she was therefore aware of the final judgment on 27 March 2019, and that the time-limit set for individual application started on 27 March 2019.

In order for an individual application to be lodged, it must be filed within 30 days after the exhaustion of ordinary legal remedies. In cases where the legal remedy is not specified, it will start from the date when the violation is being aware of. In the present case, it has been observed that the applicant, who had become aware of the final judgment regarding the proceedings subject to the individual application on 27 March 2019, lodged an individual application on 30 April 2019 after 26 April 2019 that was the last day of the time limit prescribed for individual application. Nor did she submit any excuse in this regard. It has therefore been concluded that the present individual application has been declared inadmissible as time-barred.

Consequently, the Court has found the application inadmissible as time-barred.