PROCEDURE

The case originated in an application (no. 316/07) against the Republic of Turkey lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Turkish national, Ms Serap Demirci (“the applicant”), on 25 December 2006.

The applicant was represented by Mr İ. Akın and Ms N.Ö. Akın, lawyers practising in Izmir. The Turkish Government (“the Government”) were represented by their Agent.

The applicant alleged that her right of access to court had been breached by a domestic court’s refusal to grant her legal aid.

On 25 May 2010 the President of the Second Section decided to give notice of the application to the Government. It was also decided to rule on the admissibility and merits of the application at the same time (Article 29 § 1).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1980 and lives in Izmir.

On an unspecified date in 2006 she initiated administrative proceedings against the Ege University Hospital, claiming compensation. She indicated, inter alia, that the doctors at the said hospital had not acted diligently during the numerous reconstructive operations she had undergone, which had resulted in severe complications affecting her ears and eyes. The applicant sought a total of 205,000 Turkish liras (TRY) (136,000 euros (EUR) at the time) in compensation for both pecuniary and non-pecuniary damage, submitting medical records in support of her claims. The applicant also applied for legal aid for the required court fees, presenting a certificate from the office of the mayor of the neighbourhood (muhtar) in which she lived attesting to her poverty.

On 26 January 2006 the Izmir Administrative Court rejected the applicant’s legal aid application, after having stated that pursuant to the Code of Civil Procedure, an application for legal aid must be supported by proof that the case is well-founded and that the claimant does not have the means to pay the required court fees.

On 6 February 2006 the court informed the applicant that she was required to pay a total of TRY 2,767 (approximately EUR 1,800 at the time) in court fees within thirty days in order for the proceedings to be continued.

Subsequently, on 22 March 2006 the applicant applied for legal aid again and submitted additional documents proving her poor financial situation, including certificates from the Çiğli Directorate of Land Registration, the Revenue Department and the Directorate of Income, which indicated respectively that she did not own any immovable property, had no records in the tax roll and had no income. She also argued that her case was well-founded. On 29 March 2006 her application was rejected once more.

On 17 April 2006 the applicant was warned for the second time that she was required pay the required fees within thirty days in order for the proceedings to be continued.

On 14 June 2006 the Izmir Administrative Court decided to discontinue the compensation proceedings because the applicant had not paid the necessary court fees. That decision was served on the applicant on 29 June 2006.