Press Release on the Individual Applications Lodged with respect to the Acts and Actions Performed by virtue of the State of Emergency Decree-Laws and to the Administrative Acts Performed under the State of Emergency

As regards the individual applications lodged with respect to the acts and actions performed directly by virtue of the state of emergency decree-laws and to the administrative acts performed under the state of emergency, the Constitutional Court declared a total of 70.771 individual applications inadmissible for non-exhaustion of available remedies on the ground that those having a claim should have applied to the Inquiry Commission on State of Emergency Measures (“the Commission”) established by Article 1 of the Decree-Law no. 685 and/or resorted to the remedies of administrative jurisdiction. Thereafter, the inadmissibility decisions were served on the applicants.

As the individual applications lodged with the Court do not fall into the scope of Provisional Article 1 § 3 of the Decree-Law no. 685 (Sait Orçan, no. 2016/29085, 19/7/2017; Ramazan Korkmaz, no. 2016/36550, 19/7/2017; Remziye Duman, no. 2016/25923, 20/7/2017), those brought before the Court due tothe acts directly performed by virtue of the State of Emergency Decree-Laws will not be ex officio sent to the Commission.

Article 7 of the Decree-Law no. 685 stipulates that an application may be lodged with the Commission, with respect to the decree-laws entering into force before the date when the Commission starts to receive applications, within sixty days as from the date of receiving of applications, while with respect to the decree-laws entering into force after that date, within sixty days as from the date of publication of the relevant decree law on the Official Gazette.

Accordingly, the applicants lodging an application with the Constitutional Court with respect to the actions performed directly by virtue of the State of Emergency Decree-Laws are required to apply to the Commission if they meet the necessary conditions setting out the procedure of applying thereto.

Respectfully announced to the public.

Presidency of the Constitutional Court

The Constitutional Court of the Republic of Turkey © 2015
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