Individual Application of Gamze Armağan

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A.Y. was married to H.Y. A.Y. believed that H.Y. was having an affair with Ms. Armağan. After a fight between the three of them, A.Y. requested a preventative and protective measure for a period of three months against H.Y. and Ms. Armağan because she feared violence from both of them. The competent court granted A.Y.’s request for a preventative and protective measure. Ms. Armağan appealed the protective measure. The Court of First Instance rejected her petition on the grounds that solid evidence regarding the occurrence of incidents or threats of domestic violence is not necessary when granting a preventative and protective measure. Ms. Armağan filed an individual application with the Constitutional Court. The Constitutional Court evaluated the case based on whether the lower courts had infringed Ms. Armağan’s right, under the Turkish Constitution, to a fair trial because of an unjust verdict and judgement. The Constitutional Court ruled that both grounds are inadmissible because (i) individual applications to the Constitutional Court do not serve as an appeal mechanism in order to overturn an undesirable decision of a Court of First Instance; and (ii) the justifications given by the Court of First Instance provided a sufficient basis for the preventive and protective measure in question.

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