Individual Applications to the ECtHR and the Constitutional Court

Individual applications to the Turkish Constitutional Court and applications to the European Court of Human Rights (ECtHR) are remedies available after ordinary legal remedies to persons whose fundamental rights and freedoms have been violated by acts, actions or omissions of public authorities. These applications are not a fourth instance: the case is not reheard; the question is whether a fundamental right has been violated. It is therefore decisive that the application presents the alleged violation within its proper legal framework.

Individual application to the Constitutional Court

• An application may be made alleging that a right or freedom guaranteed by the Constitution, which also falls within the scope of the European Convention on Human Rights and the additional protocols to which Türkiye is a party, has been violated by public authorities (Law No. 6216 Art. 45).
• All administrative and judicial remedies provided by law must be exhausted before applying.
• The application must be filed within thirty days of exhaustion of remedies or, where no remedy exists, of learning of the violation. Those unable to apply in time for a justified excuse may apply within fifteen days of the excuse ceasing (Art. 47).
• Individual applications are subject to a fee; the application must state the right allegedly violated, the grounds for the violation and the stages of exhaustion of remedies, and evidence must be attached.
• If a violation is found, remedies such as retrial or compensation become available.

Application to the European Court of Human Rights

• Domestic remedies must be exhausted before applying to the ECtHR. For Türkiye, an individual application to the Constitutional Court is, as a rule, a domestic remedy that must be exhausted.
• The application must be lodged within four months of the final domestic decision (the time limit applicable since 1 February 2022 under Protocol No. 15).
• Applications are made using the Court's official application form with all required documents attached; incomplete applications may be rejected without examination.
• If a violation is found, the Court may award just satisfaction, and the reopening of domestic proceedings may become possible.

Main subjects of application

• Right to a fair trial and to a trial within a reasonable time
• Right to liberty and security (pre-trial detention and police custody)
• Right to property
• Right to respect for private and family life
• Freedom of expression
• Prohibition of ill-treatment and right to life

Our firm provides legal services in preparing and following individual applications to the Constitutional Court and applications to the ECtHR.

The information on this page is provided for general information purposes only and does not constitute legal advice.