ERDEM-NEWSLETTER-2018-metin

278 NEWSLETTER 2018 the grounds of the decisions, and are binding through their conclusion. The aforementioned decision solely concludes that the decision of non-jurisdiction may be rendered at each stage. • If the defendant amends his defense after a reversal, and ra- ises new defenses, such as the plea of prescription, the plea- dings become incomprehensible. This is against the principle of procedural economy. • The ban on amendments after reversal of the verdict has already been subject to an individual application before the Constitutional Court through the case titled “Suzan Tekin (Kavurkacı) and Others,” and numbered 2013/1932, where the Constitutional Court has not identified any violation. In the respective application, the applicant claimed that her right to a fair trial during the loss of support and moral com- pensation proceedings had been violated due to the rejection of the filing for an amendment, on the grounds of the ban on amendments after reversal of the verdict, and the prolonged duration of the proceedings. The court identified a violation in terms of a reasonable period because the duration of the proceedings was 9 years and 8 months, and ruled that no violation of the right of access to the court had been made, pointing out the right to file additional cases. The Court re- ached the same conclusion on another application, as well. (Application Number: 2013/5934, 26.02.2015, § 61 and § 72). For this reason, there is no legal basis to raise an argu- ment that the right to a fair trial is violated. • Article 177/1 of the CCP explicitly foresees that the amend- ment may be filed prior to the end of the investigation phase, that is, until the judge declares that the investigation is over. • There is no explicit or implicit provision in the CCP that fo- resees that an amendment may be valid after the reversal. An amendment after the reversal may violate acquired rights, completely amending the case may complicate the procee- dings, and this would be contrary to the aims and the function