The European Court of Human Rights (ECtHR) ruled on Thursday that Turkey violated former judge Sedef Ayvaz’s rightto adjudication of a complaint by a court within a reasonable period of time.
The judgment found Turkey responsible for the excessive length of civil proceedings in Ayvaz’s case based on Article 6 § 1 of European Convention of Human Rights (ECHR), which states that “everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.”
Ayvaz and her husband, a prosecutor, were arrested on July 16, 2016, accused of membership in the faith-based Gülen movement. She was initially arrested and sent to Tekirdağ Prison but was was released on August 4, 2016. Ayvaz was re-arrested and jailed again on March 16, 2017 with her 2-month-old infant until her release on October 13, 2017 pending trial.
The civil proceedings in question were Ayvaz’s application to the Turkish Constitutional Court (AYM), where she alleged violations of her rights during her incarceration. This application was separate from any criminal proceedings related to her arrest following a failed coup on July 15, 2016.
The Turkish government accuses the Gülen movement, inspired by the late Turkish cleric Fethullah Gülen, of orchestrating the abortive putsch — an allegation the movement denies. Since then, tens of thousands of individuals have faced prosecution based on alleged links to the group, often with little evidence beyond witness statements or association with Gülen-affiliated institutions.
The details of Ayvaz’s criminal trial are unclear in the ECtHR judgment and AYM documents. No specific decision dismissing the charges or granting acquittal has been explicitly cited.
In her application to the AYM, Ayvaz alleged that overcrowding, lack of proper food and bedding for her baby, insufficient medical care and restricted access to legal remedies violated her rights. Her case, submitted in 2018, was rejected as inadmissible by the AYM on October 5, 2023. Ayvaz was notified of the decision on February 5, 2024.
The ECtHR agreed with Ayvaz, ruling that the five-year, 11-month and 14-day civil proceedings exceeded the “reasonable time” guaranteed under the European Convention on Human Rights. Referencing its earlier Ümmühan Kaplan v. Turkey decision, the court stated it found no justification for the delays in the proceedings.
Ayvaz was awarded €3,900 in damages, with payment required within three months, and additional interest applicable for late settlement.