🔹 1. Introduction
The European Court of Human Rights (ECtHR) is the judicial body of the European Convention on Human Rights (ECHR) and serves to supervise member states’ compliance with the Convention. Individuals who claim that their fundamental rights under the Convention have been violated may file an application to the ECtHR after exhausting domestic remedies.
Among the most common applications to the ECtHR are those based on:
- Discrimination based on race, religion, or political opinion
- Torture or inhuman treatment
- Asylum and non-refoulement claims
This article examines these three issues in light of the ECtHR’s case law and procedural framework.
🔹 2. Discrimination Based on Race, Religion, or Political Opinion (Article 14 & Protocol No. 12)
📌 Fundamental Principle:
Article 14 of the ECHR and Protocol No. 12 prohibit discrimination in the enjoyment of the rights set forth in the Convention on any grounds such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
🧾 Notable ECtHR Cases:
- D.H. and Others v. the Czech Republic: Segregation of Roma children in education.
- Thlimmenos v. Greece: Discrimination against a conscientious objector due to his religious beliefs.
⚖️ Turkey-Related Example:
- Hasan and Eylem Zengin v. Turkey: Compulsory religious education for Alevi students without exemption.
🔹 3. Prohibition of Torture and Inhuman or Degrading Treatment (Article 3)
📌 Absolute Ban:
Article 3 of the ECHR prohibits torture and inhuman or degrading treatment or punishment without exception, even in times of war, emergency, or public threat.
🔍 What Is Considered a Violation?
- Physical abuse in custody
- Overcrowded and unsanitary prison conditions
- Arbitrary conduct by law enforcement or military
- Sexual violence or degrading treatment
📌 ECtHR Assessment Criteria:
- Duration and severity of the treatment
- Physical or mental impact
- Age and health of the victim
- Whether the perpetrator was a public official
🧾 Notable Turkey Cases:
- Akkum and Others v. Turkey
- Batı and Others v. Turkey
🔹 4. Asylum and Non-Refoulement: Article 3 & Article 13
Although the ECHR does not explicitly guarantee a right to asylum, the forcible return (refoulement) of individuals to countries where they face torture or inhuman treatment may constitute a violation of Article 3.
📌 Non-Refoulement Principle:
An asylum seeker must not be returned to a country where they face:
- Torture or ill-treatment
- Arbitrary detention or execution
- Persecution for political or religious reasons
🧾 Key Case Law:
- Soering v. the United Kingdom: Risk of death penalty and harsh prison conditions in the U.S.
- Jabari v. Turkey: Iranian woman’s asylum claim was rejected without proper review and she was deported.
🔹 5. Requirements for an ECtHR Application
✅ Conditions:
- Exhaustion of domestic remedies (including constitutional court, if applicable)
- Filed within 4 months of the final national decision
- Must demonstrate direct and personal victim status
- Alleged violation must meet a significant harm threshold
📝 Practical Tips:
- Present a detailed factual summary with evidence
- Cite relevant ECHR articles
- Clearly state when domestic remedies were exhausted
🔹 6. Conclusion and Guidance for Legal Practitioners
The ECtHR is a crucial legal avenue when national authorities fail to protect fundamental rights. It is especially relevant for:
- Victims of discrimination based on political or religious views
- Individuals subjected to torture or degrading treatment in custody
- Asylum seekers facing deportation to dangerous environments
📌 For lawyers, ECtHR litigation requires strong legal drafting skills, in-depth human rights knowledge, and a meticulous understanding of procedural admissibility.
Prepared by:
Av. Ferhat Küle
Expert in Human Rights and Refugee Law
Istanbul Bar Association
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