The European Court of Human Rights (ECHR) is an international court that examines allegations of violations of rights guaranteed by the Convention and occurring in the countries of the states party to the European Convention on Human Rights (ECHR). Individuals, non-governmental organizations and groups of people may apply directly to the ECHR in accordance with Article 34 of the ECHR.
Conditions for Individual Application to the ECHR (ECHR art. 34, 35)
1) Victim Attribute (ECHR art.34)
The applicant must have been directly and personally affected by the violation of one of the rights guaranteed by the Convention by the party state. Abstract applications (actio popularis) are not accepted.
2) Exhaustion of Domestic Remedies (ECHR art.35/1)
The applicant must exhaust all effective and accessible legal remedies in the national legal order. For Türkiye, this includes, as a rule, the following order:
3) 4 Month Period Condition (ECHR art.35/1)
The application must be made within 4 months from the date of notification of the last domestic law decision. This period was 6 months before Protocol No. 16 entered into force; However, for Türkiye, Protocol 16 is not in force, so the 6-month old period does not apply; The ECHR applies a 4-month period starting from February 1, 2022.
4) No Anonymous or Previously Examined Application on the Same Subject (ECHR Art. 35/2)
Anonymous applications and applications previously made and examined by the same person on the same subject are not accepted.
5) No Application Manifestly Unfounded or Exceeding the Court's Authority (ECHR art. 35/3-4)
Applications that cannot be associated with the rights in the Convention or Protocols, are clearly unfounded, are in abuse of the right to apply, or are not subject to significant harm to the applicant will not be accepted.
Application Process
1) Standard Application Form
The official application form downloaded from the ECHR website is filled in. The form must be prepared in one of the official languages of the Court (English or French) or in the official language of the party state (Turkish for Türkiye).
Form content:
- Applicant's identity and contact information
- Defendant state ("Republic of Türkiye" if it is against Türkiye)
- Summary of events (in chronological order, with dates and decisions)
- Allegations of violation and the articles of the Agreement on which they are based
- Exhausted domestic remedies
- Satisfaction requested (including compensation)
- Signature and date
2) Mandatory Documents to be Attached
- Full text of the first instance court decision
- Appeal and appeal decisions
- Constitutional Court decision (if any)
- Other relevant documents (administrative actions, reports)
- Power of attorney (in case of representation by a lawyer)
3) Transmission
The application and its attachments are sent by post to the ECHR Registry Directorate:
The Registrar
European Court of Human Rights
Council of Europe
67075 Strasbourg Cedex - France
Applications by fax or e-mail are not accepted. The application date is based on the mailing date.
Acceptability Review
Applications are first examined for admissibility by a single judge, committee or chamber. A final rejection decision is given for applications that are deemed unacceptable; It is not possible to object or appeal this decision. The vast majority of applications to Türkiye are eliminated at this stage; Careful preparation of the application regarding its form and substance is critical.
Facts Review
Applications found acceptable are referred to the Department for thorough review. The Chamber notifies the application to the defendant state (Türkiye); Türkiye's written opinion is taken. The applicant is also given the right to reply. The Chamber makes its decision once the written opinions of the parties are completed.
Referral to the Grand Chamber
Cases whose jurisprudence is important or differs from previous decisions are referred to the ECHR General Assembly (Grand Chamber) (ECHR art. 30, 43).
Consequences of the Violation Decision
1) Compensation (ECHR art.41 - Equitable Satisfaction)
When the ECHR finds a violation, the applicant:
- Material compensation (economic loss suffered)
- Pecuniary damage (pain, sadness, suffering)
- Trial expenses and costs
may decide to pay. The amount of compensation is generally higher than that awarded by domestic courts.
2) Terminating the Violation and Preventing Recurrence
The defendant state is expected to end the violation and take general measures to prevent the recurrence of similar violations (ECHR art. 46/1).
3) Retrial (TCC art.375, CMK art.311 in Turkish law)
ECHR violation decision is a reason for retrial in Turkish law. In accordance with CMK Article 311 and HMK Article 375, a retrial may be requested within 1 year following the finalization of the ECHR violation decision.
Enforcement Process — Committee of Ministers
The execution of ECHR violation decisions is monitored by the Committee of Ministers of the Council of Europe (ECHR art.46/2). Turkey must make payments and make the necessary legal changes within the scope of the enforcement process.
Comparison between the Constitutional Court and the ECHR
| Criteria | AYM (Individual Application) | ECHR |
|---|---|---|
| Legal source | 1982 Constitution | ECHR |
| Duration | 30 days | 4 months |
| Exhaustion before domestic law | Appeal/Appeal must be exhausted | All remedies, including the Constitutional Court, must be exhausted |
| Decision effect | Binding on individual + national courts | Guiding on national courts, binding on the state |
| Compensation | More limited | Higher |
Frequently Encountered ECHR Application Topics
- Long trial (ECHR Art. 6) — most common violation, especially against Türkiye
- Property rights violations — seizure without expropriation
- Freedom of expression — journalist/writer/academic cases
- Right to life — lack of effective investigation
- Meeting/demonstration restrictions
- Length of detention
- Fair trial — right to defense, equality of arms