ECHR Post-Application Process: Review and Decision Stages

Detailed information about the process after application to ECHR, examination stages, decision mechanisms and implementation process. Comprehensive information guide with current legislation, Court of Cassation jurisprudence and expert legal consultancy service.

Introduction

The process that begins after an application to the European Court of Human Rights (ECHR) is as complex and strategically important as the preparation of the application. This guide explains step by step what stages your application will go through after reaching the court, what awaits you in this process and how decisions are implemented.

Application Registration and Preliminary Examination Stage

When your application reaches the ECHR, first an application number is assigned and referred to the relevant unit. At this stage, a preliminary examination is made by a rapporteur. The main purpose of the preliminary examination is to determine whether the application meets the admissibility criteria specified in the European Convention on Human Rights (ECHR).

Admissibility Criteria and Preliminary Examination Process

At the preliminary examination stage, the court’s rapporteurs meticulously examine the basic admissibility conditions of the application. These criteria include exhaustion of domestic remedies, the time limit prescribed in the relevant legislation, the application not being manifestly ill-founded and not having applied to the same court on the same subject before. Rapporteurs identify deficiencies in the application and request additional information or documents from the applicant if necessary.

Preliminary Examination Results and Notification to Government

If a preliminary opinion is formed that the application is admissible, the file is notified to the respondent state (Government of the Republic of Turkey) and its defense is requested. The government submits a written defense within a certain period to present its own views, evidence and justifications against the application. This stage is a critical turning point determining whether the application will proceed to examination on merits.

Examination on Merits Stage and Rights of Parties

With the notification of the application to the government, the examination on merits stage begins. This is a process where parties submit their written opinions and the court examines the rights violation claim in depth.

Steps of Examination on Merits Process

At the examination on merits stage, parties submit their written defenses and the court evaluates the evidence. If necessary, an oral hearing is held in Strasbourg. This stage is a critical period where it is decided whether there is a violation of rights.

Government’s Defense and Applicant’s Reply

The government presents its own views and evidence against the application. The applicant or their Attorney presents their own answers and additional evidence against the government’s defense. These mutual correspondences enable the court to evaluate the issue from all aspects.

Decision Stage and Different Decision Types

After the written or oral examination is completed, the court (Committee or Chamber) gives its decision. Decisions can be of different nature and each has unique consequences. ECHR decisions are of great importance for the implementation of the European Convention on Human Rights.

Possible Decision Types and Consequences

Decisions the ECHR can make vary according to the nature of the application and the attitude of the parties. Different mechanisms such as rights violation decision, friendly settlement or unilateral declaration exist.

Rights Violation Decisions and Compensation

If the Court decides that one or more articles of the Convention have been violated, it usually decides on non-pecuniary compensation. Pecuniary compensation is in question in exceptional cases. The decision means determining that the European Convention on Human Rights has been violated.

• Non-Pecuniary Compensation: Determination of non-pecuniary compensation and the amount necessary to cover the moral damage suffered by the applicant is made in rights violation decisions.
• Pecuniary Compensation: Ruling on pecuniary compensation in exceptional cases and applying it if concrete damages are proven ensures the fairness of the compensation system.
• Friendly Settlement: Parties’ agreement and dropping the application from the list in friendly settlement decisions is an effective method to avoid long trial processes.
• Unilateral Declaration: Government accepting the violation and offering compensation and the court approving this offers a quick solution opportunity.
• No Violation: In decisions of no rights violation, the applicant’s claims are not seen as appropriate and the decision becoming final means the completion of the judicial process.

Implementation of Decisions and Committee of Ministers of the Council of Europe

ECHR decisions are binding. Supervision of the implementation of the decision is done by the Committee of Ministers of the Council of Europe. This process ensures that the decision does not remain only on paper and guarantees that states fulfill their obligations.

Basic Steps of Implementation Process

Implementation of the decision involves a comprehensive process ranging from payment of compensation to taking general measures. The Committee of Ministers supervises whether the state fulfills these obligations.

Individual and General Measures

Individual measures aim to restore the applicant’s situation to the status quo ante. General measures involve making legal or administrative regulations to prevent similar violations in the future. Both types of measures are necessary for effective implementation of the decision.

• Payment of Compensation: Under the supervision of the Committee of Ministers, the state fulfills its obligations on time and the applicant’s rights are protected.
• Individual Measures: Correcting the applicant’s situation and remedying the grievance with practices such as retrial or withdrawal of administrative action.
• General Measures: Making legal changes and realizing systemic regulations to prevent similar violations increases the permanent effect of decisions.

Challenges Encountered in Implementation Process

Various challenges may be encountered in the process of implementing ECHR decisions. These challenges may arise due to reasons such as inadequacy of legal regulations, disruptions in administrative practices or lack of political will.

FAQ Section

Q1: How long does the post-application process take at ECHR? Answer: How long the process after ECHR application will take varies according to the nature of the application, attitude of parties and the Court’s workload.

Q2: What is done at the preliminary examination stage? Answer: At the preliminary examination stage, court rapporteurs evaluate the application, check admissibility criteria and identify deficiencies.

Q3: What happens at the examination on merits stage? Answer: Written defenses of parties are taken, evidence is evaluated and if necessary oral hearing is held. The Court decides whether there is rights violation at this stage.

Q4: What is friendly settlement and how does it work? Answer: Friendly settlement is a method where the court brings parties together and encourages compromise. It can happen with the state accepting rights violation and offering to pay a certain compensation.

Q5: How does the process work after ECHR decision? Answer: When ECHR gives a rights violation decision, the duty to supervise implementation of the decision belongs to the Committee of Ministers of the Council of Europe.

Q6: How can the applicant follow the process? Answer: The applicant can follow the process with application number via HUDOC portal on the court’s website.

Q7: How is the compensation specified in ECHR decision collected? Answer: Compensation ruled by ECHR is paid by respondent state under supervision of Committee of Ministers.

Q8: How are ECHR decisions implemented in Turkey? Answer: ECHR decisions are binding pursuant to Article 90 of the Constitution. After violation decision, applicant can request retrial.

Q9: When is oral hearing held at ECHR? Answer: Oral hearing is held in complex or important cases where the court will dwell on the decision.

Q10: What happens if ECHR application is rejected? Answer: When ECHR application is rejected, depending on nature of decision there may be possibility to apply to Grand Chamber within periods prescribed in relevant legislation.

Expert Legal Support: Post-application process at ECHR requires technical knowledge and strategic tracking. It is vital to get professional legal support to not experience loss of rights and manage the process effectively in this complex process.

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