ECtHR application is a powerful remedy; However, exhaustion of domestic remedies (including the Constitutional Court) + 6-month period + Violation of contractual rights are required.
Convention art.35 — admissibility
- Do not exhaust domestic remedies.
- 6 months (4 months with new Protocol 15).
- Non-anonymity.
- There is no other parallel international application on the same subject.
- Not manifestly ill-founded.
- Requirement of "substantial harm" to the individual (de minimis non curat lex).
Frequently cited rights
- Article 6: Fair trial.
- Article 8: Respect for private and family life.
- Article 10: Freedom of expression.
- Article 13: Right to effective remedy.
- Article 14: Prohibition of discrimination.
- Protocol 1 Article 1: Ownership.
Process
Pilot decision procedure
- If thousands of applications come from the same structural problem.
- The ECHR gives a "pilot decision"; The state has to make systematic reform.
- For Türkiye: detention period, freedom of expression, property.
Compensation
- Material damage: documentable loss.
- Pecuniary damage: ECHR 3,000-30,000 EUR range.
- Trial expenses: lawyer + translation + postage.
Frequently asked questions
Does Türkiye have to implement the ECHR decision?
Yes, Article 46 of the Convention. The Committee of Ministers supervises; retrial or compensation paid. Türkiye generally pays compensation; Structural reform is slow.
Can the petition to the ECHR be in Turkish?
Yes, it is at the application stage. English / French translation required at the merits examination stage (can be requested from the court; delay).
The Constitutional Court found a violation, should I still go to the ECHR?
If the Constitutional Court said "there is no violation", it makes sense to go to the ECHR. If the Constitutional Court said "there is a violation", the ECHR may reject it by saying "sufficient domestic remedies have been found"; However, if there is insufficient compensation, it is possible to go to the ECHR.
Is a lawyer mandatory?
No for first application; In the merits examination, the court may appoint free legal aid (means tested). Professional preparation significantly increases the chance of success.
Does the ECHR decision have precedent value?
Yes, Turkish courts, like the Constitutional Court, consider the ECHR case law as a source of interpretation. It is implemented as an international treaty norm with Article 90/5 of the Law.
Relevant legislation
- HMK article 371 et seq. — Appeal, appeal; legal remedies.
- Constitutional Constitutional Court Law — Right to individual application.
- ECHR — European Convention on Human Rights individual application.
- IYUK No. 2577 — Administrative trial; Powers of the Council of State.
- FSEK article 36 — Quotation from intellectual works; Commentary jurisprudence publication framework.