Compensation Lawsuit – The Rejected Judge Expressed The Opinion That The Request Should Be Rejected – The Authority Reviewing The File Decided To Reject The Rejection Request On The Merits And To Punish The Defendant With A Disciplinary Fine
T.C. JUDICIARY
20th Civil Chamber
Basis: 2016/8795
Decision: 2016/7599
Date of Decision: 13.07.2016
COMPENSATION CASE – THE DISMISSED JUDGE EXPRESSED THE OPINION THAT THE REQUEST SHOULD BE DISMISSED – THE AUTHORITY REVIEWING THE FILE REJECTED THE REQUEST FOR DISMISSAL ON THE MERITS AND DECIDED THAT THE DEFENDANT SHOULD BE SENTENCED TO A DISCIPLINARY FINE – THE JUDGMENT WAS UPHELD
SUMMARY: Upon the opinion of the rejected judge that the request should be rejected, the authority examining the file rejected the request for rejection on the merits, and the defendant …, who requested rejection, was punished with a disciplinary fine of ………….. -TL disciplinary fine, was appealed by the attorney of the defendant ….. The reasons put forward for the recusal of the judge are grounds for appeal on the merits and are not among the reasons defined in the article of law.
(6100 S. K. art. 36)
Case and Decision: During the compensation lawsuit between the parties, the defendant …’s attorney applied for recusal of the judge.
The Supreme Court review of the decision given by the authority examining the recusal request was requested by the defendant … attorney, and after the acceptance of the appeal petition, which was understood to be in due time, all documents in the file were examined and considered:
In summary, with the petition dated 07/03/2016 submitted by the defendant … attorney during the lawsuit between the parties; (…the work accident subject to the lawsuit is the biggest work accident in Turkey; however, the fact that the accident that occurred is the biggest work accident in Turkey cannot be a reason for the trial to be biased, at the very beginning of the proceedings, together with the request, all the assets of the client company, real estate, movable property and the only source of income …. The request for lifting the injunction imposed on the rights and receivables before the court was rejected without justification, the “legal aid” requests made by the plaintiff were accepted without conducting the economic situation research required by the law, a report was obtained from a single file for many lawsuits filed regarding the incident that occurred, this was wrong, a report was prepared contrary to the court’s own decision and the justified objections made against the report prepared were rejected, some of the experts were people who had previously made statements in the press, the case was tried from the … Heavy Criminal Court’s file numbered …/… E. the judge wrote the reasoned decision, which he had prepared beforehand, together with the final decision, and took away the time his client needed to make a short appeal and write the reasoned appeal petition later, claiming that the judge lost his impartiality, objectivity and independence, and that he made a decision by siding with the plaintiffs under the pressure of public opinion and the press… ) grounds were put forward and a request for recusal was made.
Upon the opinion of the rejected judge that the request should be rejected, the decision given by the authority examining the file regarding the rejection of the recusal request on the merits and the punishment of the defendant …, who requested the recusal, with a disciplinary fine of 1.500,00.-TL, was appealed by the defendant … attorney.
The reasons put forward for the recusal of the judge are grounds for appeal on the merits and are not among the reasons defined in Article 36 of the CCP. For the reasons explained, it was unanimously decided on 13.07.2016 to reject the objections of appeal which were not deemed appropriate and to approve the judgment, and to charge the appellant with the approval fee written below.
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