Individual Application to the European Court of Human Rights
The European Court of Human Rights (ECtHR) is an international judicial body established to prevent member states of the Council of Europe from acting contrary to the European Convention on Human Rights and its protocols after they have become parties to it. Individual application to the ECtHR is an extremely important legal mechanism, especially when domestic remedies have been exhausted and individuals’ rights have been violated. Countries party to the European Convention on Human Rights have undertaken to act in a way that does not violate the fundamental rights and freedoms of individuals who apply to the court.
Individual application to the ECHR is a right that individuals who are citizens of the contracting states, including Turkey, can apply to, claiming that their rights have been violated by state bodies or courts in their own country. This application comes into play especially in cases of human rights violations, when local legal remedies have been exhausted and no solution can be obtained.
Main Topics Addressed Within the Scope of Application to ECHR:
- Right to a Fair Trial: – Trials must be impartial and fair in accordance with the European Convention on Human Rights. If the courts do not comply with the principles of independence and impartiality, an appeal can be made.
- Respect for Personal and Family Life: – It is necessary to protect the private life, family life and home of individuals. Otherwise, such violations may require recourse to the ECHR.
- Freedom of Expression: – Freedom of the press, freedom of communication and freedom of expression are among the fundamental rights in a democratic society. In case of restriction or violation of these rights, an application can be made to the ECHR.
- Prohibition of Ill-Treatment and Torture: – Violation of the physical and psychological integrity of individuals, ill-treatment or torture are prohibited by the European Convention on Human Rights. In such cases, an application can be made to the ECHR.
- Right to Property: – Protection of property is the right of every individual. In case of interference with property rights by public authorities, an application can be made.
- Right to Liberty and Security: – Arbitrary detentions, arrests or unjust restrictions on liberty are among the violations that can be appealed to the ECHR.
Application Process:
Before applying to the ECtHR, all domestic remedies must be exhausted. After the domestic remedies have been exhausted, an application must be made to the ECtHR within 6 months against the decision of the court to which the application was made. When evaluating the application, the ECtHR only makes a decision in cases of violations by the states party to the European Convention on Human Rights.
Applications must be made within a specific procedure and method. Before applying, the violation applied for must be clearly identified and the application must be made with the correct documents. If the court accepts the application, it may result in compensation payments by the state or changes to the relevant legislation.
As Aykut Law Firm, the services we offer within the scope of ECHR individual applications:
- Meticulous management of application processes to the ECHR
- Gathering the necessary documents for the application and preparing the application file
- Legal analysis of situations that violate the European Convention on Human Rights
- Implementation of decisions after ECHR application and fulfillment of state obligations
- Providing legal consultancy and strategy support to clients throughout the application process
The application process to the ECHR is a mechanism that requires serious expertise and initiates the process of seeking rights at an international level. As Aykut Law Firm, we provide professional services to our clients with our experience and knowledge in this field. We adopt an effective and strategic approach at every stage of the applications to the ECHR.
