Leading ECtHR Cases and Strategic Litigation

Not all cases are created equal. Some legally technical cases change the lives of millions. These are “Leading Cases” resulting from Strategic Litigation—where the goal is not just to win compensation for one person, but to force a structural change in the country’s legal system.

The Power of Precedent

The ECtHR establishes “Case Law” (İçtihat). Once a principle is set, all member states (from Iceland to Turkey) must adapt their laws to it.

1. Salduz v. Turkey (2008) - The Right to a Attorney

Before this case, suspects in Turkey (and many EU countries) could be interrogated by police without a Attorney for security crimes.

• The Ruling: The Court said NO. Access to a Attorney during police custody is fundamental to a fair trial.
• The Impact: Turkey changed its Criminal Procedure Code (CMK). Now, Attorney presence is mandatory for many crimes. Thousands of past convictions based on Attorney-less confessions were overturned.

2. Opuz v. Turkey (2009) - Domestic Violence

The State argued domestic violence was a “private family matter.”

• The Ruling: The Court found the State failed to protect the woman despite repeated pleas.
• The Impact: Led to the Council of Europe’s Istanbul Convention.

Pilot Judgment Procedure

When the Court receives thousands of similar applications (e.g., thousands of people complaining about long trials), it freezes them and picks ONE case.

• It issues a Pilot Judgment: “Turkey, you have a structural problem here. Fix the law and create a domestic remedy for everyone.”
• This forces the Parliament to pass new laws (e.g., creating the Human Rights Compensation Commission).

Strategic Use for Attorneys

A smart Attorney doesn’t just argue facts; they argue the Convention. By framing a client’s grievance as a violation of a European standard, you elevate the case. Even if the local judge ignores it, you build the file for a future Strasbourg victory.

Professional Legal Support

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