President of the Turkish Constitutional Court, Mr. Kadir Özkaya, stated: “The scale of justice rests in the hands of judges and prosecutors, and it is the most delicate scale in the world. It is a spiritual scale, founded in the depths of conscience and upheld by the breath of truth.”

As part of the training programmes for judges and prosecutors organised jointly by the Constitutional Court, the Justice Academy of Türkiye, as well as the European Union and the Council of Europe, a programme was held on “Current Issues in the Practice of the European Court of Human Rights and the Constitutional Court in the context of the Right to Property and the Right to a Fair Trial”. Among those attending the programme organised in Istanbul on 3 October 2025 were members of the Constitutional Court, distinguished judges of the European Court of Human Rights, as well as judges and prosecutors at the national level.

Individual application mechanism is an accessible and effective remedy, which is widely regarded as a model

President Özkaya, in his opening remarks, highlighted the crucial role that the individual application mechanism has played in the protection of fundamental rights and freedoms in Türkiye since its introduction in 2012. He stressed that through this mechanism, the Turkish Constitutional Court has transformed from a body primarily addressing alleged violations raised by individuals into a main actor promoting the advancement of the rule of law. He accordingly stated: “This mechanism has evolved into an accessible and effective remedy in Türkiye, which must be exhausted prior to recourse to the ECHR and is widely regarded as a model. This success is a collective achievement of the entire judiciary, encompassing the contributions of our lawyers as well. I wish to convey my sincere gratitude to all colleagues.”

Stating that the Court has so far received nearly 700,000 applications through the individual application mechanism, President Özkaya noted: “These applications have resulted in numerous landmark judgments in the field of human rights, whereby thousands of rights violations were redressed, and constitutional principles became more tangible and functional. In this sense, individual application constitutes a dynamic and transformative mechanism that renders the Constitution a living instrument.”

President Özkaya, stating that since the operation of individual application mechanism by 23 September 2012, the Court has found a violation in 81,481 cases, including those involving a violation of the right to a trial within a reasonable time, also noted: “As of today, 75 violation judgments are still at the execution stage, which clearly illustrates the crucial role of the individual application mechanism in the protection of citizens’ fundamental rights and freedoms.” He also referred to the close communication and cooperation with the Court of Cassation and the Council of State, providing information regarding the Court’s decision-making procedures.

Indicating that the right to property and the right to a fair trial are among the most frequently invoked rights, President Özkaya expressed: “Through its rulings in areas including but not limited to expropriation, de facto expropriation, zoning procedures, and taxation, the Turkish Constitutional Court has consistently underlined the need to protect the right to property by ensuring a fair balance between individual rights and the public interest.”

He expressed that the right to a trial within a reasonable time, the right of access to a court, the right to a reasoned decision, the principles of equality of arms and adversarial proceedings, as well as the right to a hearing by an independent and impartial tribunal constitute the core components of the right to a fair trial. He accordingly noted: “Therefore, ensuring the effective protection of this right is of crucial importance not only for remedying the individual grievances, but also for fostering public trust in the judicial system.”

Each ruling delivered by a judge is not an ordinary text, but a guiding light that fosters trust and stability in society

President Özkaya, touching upon certain fundamental principles regarding the professions of judge and prosecutor, which are regarded as having universal significance, stated: “The scale of justice rests in the hands of judges and prosecutors, and it is the most delicate scale in the world. It is a spiritual scale, founded in the depths of conscience and upheld by the breath of truth.” He also underscored the indispensable role of conscience in ensuring independence and impartiality, and noted: “Conscience does not lie. Nor does it advise or command any wrongdoing.  It always stands on the side of truth. Each ruling delivered by a judge is not an ordinary text, but must be a guiding light that fosters trust and stability in society. Justice is the greatest virtue living in humanity’s shared conscience, transcending the texts of positive law. As long as we remain just, honest, and impartial, we dignify both ourselves and the society we serve.”

Recalling the necessity for judges and prosecutors to constantly enhance their capacity to properly comprehend and interpret legal norms and facts of each case, President Özkaya also stated: “The greatest responsibility for sustaining or building a society governed by ethics, reason, conscience, and science -in other words, justice- rests with judges and prosecutors.”

Humanity must respond with a united conscience and act collectively in the face of all these transgressions

In concluding his remarks, President Özkaya, referring to certain international issues, expressed that wars and acts of oppression in various parts of the world, notably in Gaza, pose a threat to human rights. He also added: “Humanity must respond with a united conscience and act collectively in the face of all these transgressions. The shared future of humanity and the prospect of enduring peace depend on a renewed commitment to moral values and upholding justice across the globe.” 

In her opening remarks, Prof. Dr. Saadet Yüksel, Judge elected in respect of Türkiye to the European Court of Human Rights (ECHR), emphasised that the programme would be highly valuable not only for the exchange of information and experiences, but also for fostering a common understanding and dialogue among different levels of the judiciary. Expressing her firm belief that the programme would provide an opportunity to deepen the shared commitment to the protection of human rights at both national and international level, Prof. Dr. Yüksel addressed the right to property in a comprehensive manner in light of the subsidiarity principle, judicial dialogue, and recent jurisprudence.

In his opening remarks, President of the Justice Academy of Türkiye, Mr. Bekir Altun, stressed that the judgments of the Turkish Constitutional Court are of paramount importance for the protection and promotion of fundamental rights and freedoms. Recalling that the individual application mechanism was incorporated into the Turkish legal system through the 2010 constitutional amendment, he accordingly stated: “The Constitutional Court’s rulings on fundamental rights have a bearing not only on individual cases but also on the legal system and administrative practices in general.”

Mr. William Massolin, Head of the Council of Europe Programme Office in Ankara, pointed out that such programmes are joint initiatives aimed at strengthening the rule of law and improving judicial practices. He expressed his belief that the programme, intended to enhance knowledge and awareness of the fundamental rights and freedoms, as well as to address the principles guiding their interpretation and application in Türkiye, would be highly beneficial.

The opening remarks were followed by the session addressing the right to property and the right to a fair trial, in light of the jurisprudence of the ECHR and the Turkish Constitutional Court. The session chaired by Prof. Dr. Saadet Yüksel featured the presentations of Mr. Basri Bağcı, Vice-President of the Constitutional Court; Ms. Lorraine Schembri Orland, Judge elected in respect of Malta to the ECHR; and Mr. Péter Paczolay, Judge elected in respect of Hungary to the ECHR.