Item 5 - Article 125

Identity area

Reference code

UGA A/A44/43/1/5/4/3/5

Title

Article 125

Date(s)

  • [1995/01] (Creation)

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10pp

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Internal report prepared for the Kurdish Litigation Project on Article 125 of the Constitution of Turkey ('Recourse to judicial review shall be available against all actions and acts of administration'), including the procedures needed to invoke the article; conditions needed to obtain compensation; power and procedure of the administrative tribunals, and the State of Emergency Law's effect on the article. Attached is a list of decisions of administrative tribunals awarding compensation for persons who have suffered damages and have exercised their right to claim damages under Article 125. These are administrative awards of damages against the state, not civil damages. The list serves as a sort of index to Annex 1 to the memorial of the Turkish Government in the Akdivar and others case (A44/43/1/2/5/8), which was submitted by the Government to demonstrate that a right to compensation is available in Turkey.

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  • English

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