Events
The applicant, who was appointed as a computer engineer, could not be appointed due to the negative results of the security investigation. The cancellation lawsuit filed by the applicant against the aforementioned situation was rejected by the administrative court, and his appeal against the decision was rejected definitively by the regional administrative court. After the applicant, who was represented by an attorney, personally learnt the reasoning of the final decision of the regional administrative court through the National Judicial Network Information System (UYAP), the decision was notified to the attorney.
Allegations
The applicant claimed that his right to a fair trial was violated in the annulment proceedings he filed against his dismissal on the grounds that his security investigation and archive search had been negative.
Assessment of the Court
In the concrete case, it was determined that the relevant decision was opened and read by the applicant at 18.09 on 27/3/2019 at 18.09 hours during the examination made on the UYAP document transaction log regarding the regional administrative court decision, which is the final decision in the trial process. Although the applicant’s attorney was notified on 6/4/2019, it was observed that the applicant’s attorney had previously learned about the decision by accessing the decision subject to the application via UYAP. In the light of this information, it should be accepted that the applicant read the Regional Administrative Court’s judgement via UYAP, in this context, he was aware of the final decision on the individual application on 27/3/2019 and accordingly, the individual application period started to run as of 27/3/2019.
In order to file an individual application, the application must be filed within thirty days from the date of completion of the ordinary remedies. In cases where the remedy is not specified, the thirty-day period will start from the date the violation is learnt. In the concrete case, it has been observed that the applicant, who was informed of the final decision regarding the judicial process subject to the individual application on 27/3/2019, made the application on 30/4/2019 after 26/4/2019, the last day of the thirty-day individual application period, and did not submit any excuse, and it has been concluded that the individual application is inadmissible due to out of time.
For the reasons explained above, the Constitutional Court decided that the application is inadmissible due to out of time.
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