Swearing-in Ceremony of Member of the Constitutional Court Assoc. Prof. Dr. Metin Kıratlı and 12^th Anniversary of Individual Application Mechanism in Türkiye

 Opening Remarks

Ankara
11 September 2024

His Excellency Mr. President,

Esteemed Guests,

I would like to welcome you all to the conference held on the occasion of the 12^th anniversary of the introduction of the individual application mechanism, as well as to the swearing-in ceremony. I would also like to extend you all my most sincere and respectful greetings.

Taking this opportunity, let me congratulate Assoc. Prof. Dr. Metin Kıratlı on his appointment as a Justice of the Constitutional Court among the senior executives by the President of the Republic, who will soon assume his tenure as a Justice upon taking oath. I wish him a fruitful and successful tenure, one that brings prosperity to himself, his family, our Court, and our nation.

Let me also wish success, on the new judicial year that started on 2 September 2024, to the presidents and members of higher judicial bodies, as well as to judges and prosecutors of the criminal/civil and administrative judiciary and all staff serving within the judicial organisation. I am confident that they will make every effort in upholding and fulfilling the country’s demand for justice throughout this judicial year as well.

The Turkish Constitutional Court does not officially observe a judicial recess, but its personnel usually take their annual leave in August. Therefore, the commencement of the judicial year also marks the beginning of a new working period for the Court. Let me thus wish that our new working period that started on 2 September 2024 will be conducive to the proper administration of justice, to the highest level, for the country and the Court. I hope the Vice-Presidents, justices, rapporteur-judges, and all of our staff have a productive, healthy and successful term ahead.

Justice, also defined as the act of behaving in the proper manner, arranging everything in the best possible way, and dealing with everyone in the way they deserve, has always manifested itself as a moral virtue. It is an undisputable consensus that justice is a condition sine qua non for ensuring welfare, domestic peace, prosperity and safety of the society. It is also pointed out that the State’s survival is contingent upon justice, which has been the underlying foundation of life since time immemorial.

As articulated by the Great Leader Atatürk, independence, future, freedom, all things can only exist under justice. His profound understanding of justice has also underpinned our legal system and our society’s quest for justice.

His Excellency Mr. President,

With your kind permission, I would like to furnish my colleagues with a number of thoughts and advices.

As is well known, the aim of all judicial endeavours is to ensure the proper administration of justice. Therefore, judges and prosecutors, as the main actors of judicial activities, must always remain conscious of their fundamental responsibility to uphold rights and deliver justice. They are also expected to adjudicate freely and impartially without any hesitation and concern, albeit within the framework set by the positive law, as well as in the absence of any external pressure also including their subjective feelings and thoughts. They must always attach utmost importance to reason (mind) and science.

The most important guarantee of the principles and values underpinning our constitutional identity lies in the existence of an independent and impartial judiciary, which can only be ensured with independent and impartial judges.

My esteemed colleagues, honourable judges and prosecutors, you cannot indeed deal with the affairs of your very close relatives, pursuant to positive law, which is a widely recognised procedure. Nevertheless, I would like to remind the followings for recalling the general principle.  When you are in a position of authority, when you are granted a voice, you must administer justice impartially, even if the person before you is a close relative. You should always pursue justice, even if it comes at the expense of your own parent or other next-of-kin. You should refrain from administering justice in accordance with your own arbitrary desires. You should always seek the truth and judge fairly. The justice you are entrusted to uphold should first and foremost manifest in your own character and conduct. Bear in mind that human lives, manifested through time and space, are steered merely by truth. Those who stray from the path of truth cannot escape the grip of injustice. Do not let your grudge against, or antipathy towards, a community induce you to unfairness. You should be the epitome in pursuit of justice. No circumstance should ever deter you from upholding the truth or compel you to act unjustly.

Rule with justice so as to cause no chaos. That is because in places where justice does not prevail, there will be chaos, order will be undermined, and everyone will start to feel justified. Therefore, always wield the scales of justice in pursuit of what is right and the just. Do not lend support to those who provoke a quarrel as if they were right when they are indeed wrong and who wish to apply the law for their own interests. You should follow and uphold justice.

In this sense, in our Holy Book, the Holy Qur'an, the verse regarding the advice of Lokman Hekim to his son reads as follows: “O my dear son! even it be the weight of a grain of mustard seed, and even it be in a rock, or in the heavens, or in the earth, Allah will surely bring it forth; verily Allah is the Knower of all subtleties, All-Aware.” Another verse therein also indicates “We shall set up accurate scales of justice for the Day of Resurrection so that no soul will be wronged in the slightest. And even if it were the weight of a grain of mustard seed (a simple thing, good or bad, amounting to the weight of a mustard grain), We would bring it forth. And sufficient are We as reckoners.”

Dear colleagues, as judges we are delivering justice, and we are in position of questioning everything and everyone. But let’s bear in mind that we are all transient, and we, too, will be questioned one day. We should always recall that one day we would each be accountable on the Day of Resurrection, with our fates determined by the good and evil of our earthly lives. We should avoid mistakes and appreciate the present time before that final reckoning arrives. One day, our turn will surely come.

Dear judges and prosecutors, Allah has bestowed upon human beings a dignity even greater than that given to the angels, for humanity holds immense value. All creation has been placed at the service of humankind, each within its own divinely ordained rules. This profound truth must never be forgotten. We must act with this awareness, ensuring that no cruelty or injustice is allowed to exist on earth.

Besides, knowledge that is not put into practice is of no avail. Therefore, let us not be among those who knowingly act contrary to, and thus betray, what we know. We should make our discourse, actions and lives, deeds and actions be compatible with the knowledge we possess. We should refrain from being wise in discourse, but cruel in practice and a wrongdoer in the realm of the heart. In other words, let us not be among those whose deeds run contrary to their knowledge, or whose knowledge fails to inform their deeds.

We should not betray our duty, which provides the means for our livelihood, and should not be inactive and indolent. We should duly and completely fulfil our responsibilities and duties towards our state, nation and homeland.

His Excellency Mr. President,

As stated in Article 3 of the Turkish Constitution, “The State of Türkiye, with its territory and nation, is an indivisible entity”. However, there are many who wish for our nation, our country, and the Great Turkish State to fall apart. Nevertheless, no one has the power to break up and divide the noble Turkish Nation and the Great Turkish State, provided that we act wisely as a society. We should not turn against each other and leave the field open for external enemies. We are all fellow-beings. We should stand up for each other more than ever and use our minds well. Mind is a treasure. We should not allow the mind to be overweighed by sedition and ensure the predominance of the mind over sedition. We should do so in order to avoid disorder.

Let us not mislead ourselves by dismissing this mortal world as insignificant, temporary and idle. This mortal world, which we regard as void, is the key to the treasure of both realms, namely the mortal world and the divine world. Being prosperous in both worlds depends on our deeds in this mortal world. We should derive benefit from this world by use of wisdom, understanding, and science. Each breath we take is a precious gift for our future, making each moment of immense importance. For this reason, we should make use of every moment. We should leave no room for sedition and mischief. We ourselves should not cause our future to a reach an impasse.

His Excellency Mr. President,

Both individuals and states have to think about their future.

Between 1 September 1939 and 2 September 1945, the humanity experienced the bloodiest, most fatal and most destructive war in the history. The war, which spanned a vast geographical area and reached dimensions that no one -including the parties involved- could have imagined at the very beginning, brought about inexpressible suffering and heavy destruction not only for the parties involved but also for the whole world. The sufferings and grievances inflicted by wars and the experiences gained therefrom should be known and borne in mind also by today's generations.

The oppression around the world, especially in Gaza, the violations of human rights and freedoms, and the inhumane treatment against oppressed and victimised people, especially children and women, must not be ignored by turning a blind eye or hardening our hearts. There must be immediate response to these injustices with courage and fairness, without any distinction based on race, religion, language, or colour. This is a fundamental moral duty and an inevitable result of being a human.

Besides, those who overlook the oppression inflicted, those who support the oppressors, those who insist on acting in way that disregards justice by wielding the power they have, and those who oppress babies, children, and women should not think that they will get away with the oppression they have inflicted.

The Holy Qur'an also indicates, “Think not that Allah is unaware of what the wrongdoers do! He only gives them respite till the day on which the eyes will fixedly stare (they stand frozen in fear).” We believe “The one who prospers through oppression will have a disastrous end.”.

In this sense, let me emphasise that the common future of humanity and enduring peace can only be achieved by embracing moral values and justice, that is to say, by ensuring the prevalence of justice on earth.

His Excellency Mr. President,

Rights and freedoms constitute the cornerstone of democracy. Therefore, the protection of human rights and freedoms holds paramount importance in democratic societies governed by the rule of law. Such protection may be afforded only through the existence of an independent and impartial judiciary, as well as of adequate legal framework and effective safeguards.

In this sense, constitutional courts, through constitutionality review, contribute to the achievement of the common purpose of upholding justice for both individuals and the State in democratic societies. The Turkish Constitutional Court, which was established to that end, is currently empowered with, inter alia, conducting constitutionality review of particular norms and adjudicating individual applications.

Under the constitutional review process, the Court engages in two types of review, concrete and abstract. In 2024, the Court has so far reviewed and ruled on the constitutionality of 422 contested provisions within the scope of 148 requests involving claims of unconstitutionality. As of 1 September 2024, the number of pending requests for abstract and concrete review, is 125 and 594, respectively.

His Excellency Mr. President,

Another task entrusted to the Court, as I have just mentioned, is to adjudicate individual applications lodged with the Court.  The introduction of individual application mechanism serves two main purposes, both principal and practical. The former purpose may be manifested as “to ensure the raising of the standard of fundamental rights in the country”, and the latter purpose may be defined as “to ensure the addressing of alleged violations at national level without bringing them before the international judicial bodies”.

Through individual application mechanism, the Court has been entrusted with the mission to protect and promote rights and freedoms within the context of principal purpose. To that end, the Court has accomplished vital tasks and duties for protecting and improving standards of rights and freedoms, undertaken serious responsibilities, and rendered thousands of judgments on fundamental rights, including but not limited to the right to life, freedom of expression, right to property, and freedom of association.

Besides, following the introduction of the individual application mechanism, the number of applications lodged against Türkiye before the European Court of Human Rights (“ECHR”) and the number of violation judgements issued by the ECHR against Türkiye decreased significantly.

The Court has received a total of 629,821 individual applications since 23 September 2012. Out of the received applications, 522,054 corresponding to 83% have been concluded. As of today, the number of individual applications pending before the Court stands at 108,220.

Since that date, the Court has found a violation of at least one right in a total of 18,341 cases, excluding the right to a trial within a reasonable time.

In the order of examining the requests through constitutional review process, the Court has exercised due diligence to the conclusion of the requests received through concrete review procedure within five months following their submission to the Court, pursuant to the principle “First come, first served”.

Individual applications are adjudicated in the order of their submission to the Court, in accordance with Article 68 of the Internal Regulations of the Court, titled “Order of examining the applications”. However, the Constitutional Court is entitled to arrange a different order of examining the applications, given the significant and urgent nature of the subject-matters, within the scope of the criteria it has set. As a matter of fact, the prioritisation criteria have been established by the decision of the Plenary of the Court no. 2015/7, dated 10 July 2015. The Court carries out the examinations in accordance with these criteria.  While adhering to these principles, the Court observes the principle “First come, first served” to a great extent.

Due care and considerable efforts are exerted to ensure that the decisions rendered by the Committees, Sections, and the Plenary of the Court, along with their reasoning, are promptly notified to the relevant parties or published in the Official Gazette in the shortest time possible.

In conclusion, it can be stated that the Constitutional Court strives to contribute to the values such as justice, the rule of law, and fundamental rights and freedoms, with the aim of satisfying the sense of justice for both individuals and institutions, while fostering their confidence in the state and the law.

His Excellency Mr. President,

We consider that the individual application procedure, introduced into our legal system also with the great contribution of your Excellency, should be preserved in its current efficiency as a prerequisite for maintaining the societal consensus on its absolute necessity.

Indeed, over its 12-year existence, the individual application procedure has been institutionalised as a means for our people to resolve the problems and challenges they encounter in exercising their fundamental rights and freedoms.

His Excellency Mr. President,

As I mentioned earlier in my previous remarks, each high court is obliged to fulfil the tasks and duties entrusted to it by the Constitution and laws. The duties and powers of each of these courts, their functioning, and the nature of their decisions are clearly indicated in the Constitution and laws. Accordingly, each of them shall certainly perform their duties in accordance with these legal instruments and within the scope of the powers granted to them therein.

Besides, the legislative, executive and judiciary are composed of persons, which may inevitably bring along varying approaches, different ideas, and also conflicts. For this reason, ensuring and maintaining cooperation, order and harmony among constitutional bodies entails not only compliance with the Constitution and laws, but also a culture of good communication among them at all times.

His Excellency Mr. President,

We traditionally organise symposiums on various legal issues every year on 23 September, marking the anniversary of the commencement of the individual application mechanism. However, this year, we have decided to hold the symposium on 12 September, given the date of the swearing-in ceremony. The symposium to proceed tomorrow is on the theme “Right to an Effective Remedy within the scope of the Principle of Subsidiarity of the Individual Application”.  

On this occasion, wishing for a successful and fruitful symposium, I would like to express my sincere gratitude to the session moderators, all speakers, participants, and everyone who contributed to the organisation of the symposium for their invaluable contribution.

Let me also express my gratitude, for their outstanding contribution, to the presidents, justices, rapporteur-judges, and administrative staff who no longer hold office in the Court for being retired or upon the expiry of their tenure.

I extend my wishes for health, peace and prosperity to those who are still with us, and pray for Allah’s grace and mercy upon those who passed away.

I thank our Vice-presidents, Justices, Rapporteur-judges, and all our staff who have worked devotedly.

Ending my speech, I would like to extend my gratitude for your participation in our ceremony and extend my heartfelt wishes of health and prosperity to you all.