RIGHT TO A REASONED DECISION
RAZİYE AKÇAY APPLICATION
(Application Number: 2019/1665)
In the first paragraph of Article 36 of the Constitution, it is stated that everyone has the right to a fair trial, but the right to a reasoned decision is not explicitly mentioned. However, in the third paragraph of Article 141 of the Constitution, "All kinds of decisions of all courts are written with justification." The obligation to write down their decisions with justification is imposed on the courts. When interpreted in the light of the third paragraph of Article 141 of the Constitution, Article 36 of the Constitution also guarantees the right to a reasoned decision of the right to a fair trial. On the other hand, the right to a fair trial also includes the right to a reasoned decision by its very nature. For this reason, the right to a reasoned decision is one of the fundamental guarantees of the right to a fair trial regulated in Article 36 of the Constitution (Hilmi Kocabey et al., App. No: 2018/27686, 17/11/2021, § 77). (§34).
For precedent decision click here.
ABDURRAHMAN NUTRITION APPLICATION
(Application Number: 2017/29347)
As a matter of fact, the Court of Cassation pointed out that the finding that the imams of FETÖ/PDY communicated with people in the private services class via payphone or fixed telephone lines can be accepted as evidence showing the connection of the person with the organization under certain conditions. In these circumstances, the aforementioned fact should be accepted as a strong indication of crime when evaluated together with the above-mentioned witness statement (§48).
For precedent decision click here.