ECtHR Application Process and Admissibility Criteria

The European Court of Human Rights (ECtHR) in Strasbourg is the final hope for citizens whose rights have been violated by their own State, after all domestic paths have failed. For Turkey, which is a party to the European Convention on Human Rights (ECHR), the Court’s decisions are binding. However, the Court rejects 90%+ of applications at the first stage. Why? Because of strict Admissibility Criteria.

1. Exhaustion of Domestic Remedies (İç Hukuk Yollarının Tüketilmesi)

Before going to Strasbourg, you must finish the fight in Ankara.

1. First Instance Court.
2. Appeal (Istinaf/Yargitay).
3. Constitutional Court (AYM) Individual Application. (Since 2012, this is a distinct mandatory step for Turkey). Only after the AYM rejects you can you go to ECtHR.

2. The 4-Month Deadline (Shortened!)

It used to be 6 months. Now, with Protocol 15, it is 4 Months from the date of the final domestic decision (AYM decision notification).

• If you mail it on the last day, the postmark counts. But don’t risk it.

3. Significant Disadvantage

The Court acts on the principle of “De Minimis Non Curat Praetor.” If you suffered a loss of 5 Euro, the Court will not spend thousands of Euros processing it, unless a major principle is at stake.

4. Rule 47: The Form

The application must be made on the current official Application Form.

• It must be filled completely.
• It must contain a concise Statement of Facts (max 3 pages).
• It must be signed by the applicant or Attorney.
• No Fax/Email: Only post is accepted for the initial application.

The Procedure

1. Single Judge Formation: Checks admissibility. If rejected, it’s final. No appeal.
2. Committee (3 Judges): Decides on repetitive “Well-Established Case Law” cases.
3. Chamber (7 Judges): The main body. They communicate the case to the Turkish Government (“We have this complaint, what is your defense?”).
4. Grand Chamber (17 Judges): Only for interpretative revolutions.

Conclusion

Applying to the ECtHR requires precise knowledge of the Convention articles. It is not an emotional letter; it is a rigid legal document.

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