ECHR Article 46: "The High Contracting Parties undertake to comply with the final decisions of the Court in the cases to which they are parties."
Consequences of the ECHR Decision
- Detection of violation of rights
- Compensation (pecuniary/pecuniary)
- Trial expenses
- General measures (law amendment, case law amendment)
- Individual measures (retrial)
Retrial in Türkiye
CMK Art. 311/1-f and HMK Art.375/1-i: ECHR violation decision is a reason for retrial within 1 year.
Committee of Ministers Supervision
The Committee of Ministers of the Council of Europe supervises the implementation of ECHR decisions. Sanctions may be imposed on states that do not implement the decision.
Pilot Decision Procedure
The ECHR may give a pilot decision for systemic problems; It imposes an obligation on the state to make structural arrangements within a certain period of time.
Important Decisions Against Turkey
- Violations of freedom of expression (journalists, academics)
- Violations of the period of detention
- Violations of property rights (urban transformation)
- Right to a fair trial violations
Prepare your application with an ECHR and Constitutional Law lawyer.