Turkish citizens or individuals of Turkish origin living in Europe may at times feel that their fundamental rights and freedoms have been violated in the countries where they reside. In such cases, once all domestic legal remedies have been exhausted, individuals have the right to apply to the European Court of Human Rights (ECtHR). However, this process is subject to specific procedural rules, and even a small oversight may result in the rejection of the application. In this article, we explain how and when individuals residing in Europe can apply to the ECtHR in clear and accessible language.
What is the ECtHR?
The ECtHR is an international court that supervises the implementation of the European Convention on Human Rights (ECHR), to which all Council of Europe member states are parties. Located in Strasbourg, France, the Court is an independent judicial body to which individuals can apply if they believe a state has violated their rights.
Who Can Apply?
- Anyone within the jurisdiction of a member state of the Council of Europe, whether a citizen, refugee, asylum seeker, or stateless person, can apply.
- Only those who are directly affected by a violation may apply. In other words, the violation must have directly impacted your fundamental rights.
- Legal persons (such as associations or companies) may also apply in certain cases.
What is the Deadline for Application?
With an amendment in 2022, the application deadline was reduced from 6 months to 4 months. That means you must apply to the ECtHR within 4 months of the final decision in your domestic legal proceedings. Otherwise, your application will be dismissed due to time limitation.
What Does Exhaustion of Domestic Remedies Mean?
The ECtHR functions as a subsidiary monitoring mechanism. This means that you must first take your case to the courts in your own country, such as:
- Family courts,
- Administrative courts,
- Constitutional Court (in countries like Turkey).
You cannot apply to the ECtHR without first exhausting all effective domestic remedies.
What Documents Are Needed?
Applications can only be submitted using the official ECtHR application form. This form must be completed fully and clearly, including:
- A summary of the violation,
- The violated right,
- Dates, personal details, and signature.
In addition, you must attach:
- National court decisions,
- Evidence, documents, and petitions,
- Identity and contact information.
Applications must be sent by postal mail only. Submissions by e-mail or fax are not accepted.
Which Rights Can You Complain About?
You can only apply concerning rights protected by the ECHR and its protocols. The most commonly cited rights include:
- Right to life (Article 2),
- Prohibition of torture (Article 3),
- Right to a fair trial (Article 6),
- Right to respect for private and family life (Article 8),
- Freedom of thought, conscience and religion (Article 9),
- Freedom of expression (Article 10),
- Protection of property (Protocol No. 1 – Article 1),
- Prohibition of discrimination (Article 14).
Is a Lawyer Mandatory?
At the initial application stage, you do not need a lawyer. However, if the Court accepts your application and proceeds to the merits stage, from that point onward, you must be represented by a lawyer.
When Will Applications Be Rejected?
- If the 4-month deadline is missed,
- If domestic remedies have not been exhausted,
- If an individual application has not been submitted to the Constitutional Court (e.g., in Turkey),
- If the same case has already been submitted to the Court,
- If the application is vague, unfounded, or made in bad faith,
- If the application form is incomplete.
Where Should You Send Your Application?
The Registrar
European Court of Human Rights
Council of Europe
F-67075 Strasbourg Cedex
France
Special Note for Residents in Europe
Turkish citizens living in European countries may apply to the ECtHR regarding police violence, discrimination, restriction of freedom of expression, unfair trials, and similar violations experienced within the jurisdiction of the country they reside in.
Even if you are not a citizen of the country in question, you still have the right to apply, as long as the violation occurred within that country’s jurisdiction.
Conclusion
The European Court of Human Rights is a vital legal safeguard for the protection of fundamental rights. However, to make effective use of this mechanism, one must pay close attention to the deadlines, procedures, and content requirements. Every citizen living in Europe has the right to apply to the ECtHR, but misuse of this right can result in irreversible consequences.
Therefore, it is highly recommended to consult a legal expert before proceeding with your application.
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