The European Court of Human Rights (ECtHR) and Turkey: Rights...

The European Court of Human Rights (ECtHR), based in Strasbourg, France, is the ultimate guardian of human rights for 46 member states, including Turkey. For citizens and foreigners in Turkey, it represents the final beacon of hope when domestic courts fail to provide justice.

[!NOTE] 💡 Cultural Context: Turkey’s Unique Position

Turkey has been a party to the European Convention since 1954 and accepted the right of Individual Application in 1987. Statistically, Turkey is one of the countries with the highest number of applications pending before the Court, particularly concerning “Right to a Fair Trial” and “Freedom of Expression.”

1. The Right of Individual Application

Under Article 34 of the Convention, any person, non-governmental organization, or group of individuals claiming to be the victim of a violation can apply directly to the Court. You do not need to be a citizen of a Council of Europe member state; you simply need to be a victim of a violation committed by a member state (e.g., Turkey).

⚖️ Legal Reference: ECHR Article 34 “The Court may receive applications from any person… claiming to be the victim of a violation by one of the High Contracting Parties.”

2. When Can You Apply? (The 4-Month Rule)

The ECtHR is strict. You cannot just mail a letter to France whenever you want.

1. Exhaustion of Domestic Remedies: You must first go through all Turkish courts, including the Constitutional Court (AYM).
2. The Deadline: Historically 6 months, this was reduced to 4 months following the entry into force of Protocol No. 15. The clock starts ticking from the date you receive the final refusal decision from the Turkish Constitutional Court.

3. Impact on Turkish Law: Article 90

Why does a court in France matter for a judge in Konya or Istanbul? Because of Article 90 of the Turkish Constitution.

It states that in case of a conflict between Turkish domestic laws and International Human Rights Treaties (like the ECHR), the International Treaty prevails. This makes the ECHR decisions practically binding on Turkish judges.

4. Key Concepts for Applicants

• Subsidiarity: The Court is a “backup.” It respects that Turkish courts should solve the problem first. It only intervenes if the national system is broken or ineffective.
• Just Satisfaction: If the Court finds a violation, it often awards monetary compensation (Just Satisfaction) to the applicant, to be paid by the State.

Conclusion

Applying to the ECtHR is a complex procedure governed by strict Rules of Court. A comprehensive, well-argued application form is essential for success, as the vast majority (90%+) are declared “inadmissible” at the first stage without even being examined on merits.

[!IMPORTANT] Need Expert Legal Help?

Attorney Fevzi Yaskir assists clients in exhausting domestic remedies and preparing comprehensive individual applications to the European Court of Human Rights in Strasbourg.

• 📞 Phone: +90 554 192 47 20
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