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AKÇEŞME v. TURKEY

Doc ref: 19889/19 • ECHR ID: 001-195105

Document date: July 11, 2019

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AKÇEŞME v. TURKEY

Doc ref: 19889/19 • ECHR ID: 001-195105

Document date: July 11, 2019

Cited paragraphs only

Communicated on 11 July 2019

SECOND SECTION

Application no. 19889/19 Fatih AKÇEŞME against Turkey lodged on 29 March 2019

SUBJECT MATTER OF THE CASE

The application concerns the applicant ’ s inability to access the Constitutional Court on account of the dismissal of his individual application for being lodged out of time. The applicant submits in that connection that his lawyer missed the thirty day time-limit to lodge an application owing to the fact that he had a heart-attack. The applicant argues that the Constitutional Court did not examine whether the applicant ’ s lawyer ’ s explanations constituted a valid excuse.

QUESTION TO THE PARTIES

Has there been a violation of the applicant ’ s right of access to court, guaranteed by Article 6 § 1 of the Convention, as a result of the Constitutional Court ’ s finding that his constitutional appeal was lodged outside the statutory time limit without responding to his arguments that he had a valid excuse?

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