Unlawful Evidence In Civil Litigation
CONSTITUTION
Article 36 – Everyone shall have the right to claim and defend himself as plaintiff or defendant before the judicial authorities and to a fair trial by the use of legitimate means and procedures.
Article 38- (Additional paragraph: 3/10/2001-4709/15 Art.)
Evidence obtained in violation of the law shall not be admissible as evidence. No court shall refrain from hearing a case within its jurisdiction.
Unlawful evidence is the evidence obtained by the parties in civil and criminal proceedings in violation of the Constitution, laws, fundamental rights and freedoms, and the evidence obtained in this way is presented to the court. Evidence that is deemed unlawful cannot be taken as a basis for judgement.
Article 189/2 of the CCP stipulates that unlawful evidence ‘cannot be taken into consideration in proving the facts’. This issue is also explained in the preamble of the Law.
While the issue of unlawful evidence is not regulated in civil proceedings, it is regulated in the Constitution. The discussion on unlawful evidence in criminal proceedings started later than the discussions in civil proceedings. In civil and criminal proceedings, everyone can prove their claims, but they must do so with evidence in accordance with the law.
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