Individual Application to the European Court of Human Rights

In criminal proceedings, violations of this right typically manifest in the following ways:

• Violation of the right to be tried within a reasonable time (prolongation of proceedings): The excessive duration of a case beyond what is required by the parties and the nature of the case constitutes a violation of the right to a fair trial.
• Insufficient respect for the right to defense: Depriving the accused of effective means to defend themselves undermines the principle of a fair trial.
• Absence of an impartial and independent judicial body: The failure of the court conducting the proceedings to act independently of political, administrative, or personal influences erodes the credibility of justice.
• Unreasoned court decisions: The failure of court decisions to explain why claims and defenses were accepted or rejected violates the transparency and accountability of the proceedings.
• Violation of the prohibition of torture or inhuman or degrading treatment (ECHR, Article 3): Physical or psychological violence against individuals by state officials, and behaviors contrary to human dignity, are absolutely prohibited under Article 3 of the European Convention on Human Rights.
• Lack of clarity and precision in the accusation, contravention of the principle of legality in crime and punishment (ECHR, Article 7): Ambiguities that prevent an individual from understanding the charges against them and defending themselves, as well as the punishment of acts not clearly defined by law, violate the principle of the rule of law.
• These violations arise when the standards guaranteed by the Convention are exceeded in both the formal and substantive aspects of criminal proceedings.

To lodge an individual application with the European Court of Human Rights, the exhaustion of domestic remedies is a prerequisite. In Turkish criminal proceedings, this generally means the completion of the following process:

• First instance proceedings in the Criminal Court of First Instance or High Criminal Court: This is the judicial stage where the accusation is evaluated by the first instance courts, evidence is collected, and a judgment on the merits is rendered.
• Appellate (Regional Court of Justice) process: This is the second-instance judicial stage involving the substantive and legal review of the first instance court's decision, encompassing the power to re-examine both procedural and substantive aspects.
• Cassation (Court of Cassation) process: This is the final ordinary legal remedy against the decision of the appellate court, conducted solely on grounds of unlawfulness and reviewing the legality of the proceedings.
• Individual application to the Constitutional Court (within 30 days from the finalization of the decision): This is a constitutional review mechanism resorted to by individuals who believe their fundamental rights and freedoms have been violated by public authorities, after all ordinary legal remedies have been exhausted.

If the Constitutional Court rejects the application or finds it inadmissible on grounds of time limits, the applicant must lodge an individual application with the European Court of Human Rights within four months from the date of notification of the decision.

Some common types of violations in Turkish criminal law that have been brought before the European Court of Human Rights include:

• Failure to terminate detention within a reasonable time (European Convention on Human Rights, Article 5/3).
• Detention being unreasoned or rendered automatic.
• Disproportionate use of force by law enforcement and failure to conduct effective investigations (European Convention on Human Rights, Articles 2 and 3).
• Ill-treatment and inadequate conditions in penal institutions (European Convention on Human Rights, Article 3).
• Inability to access necessary documents for defense, rejection of requests to hear witnesses.
• Violation of the adversarial principle in the assessment of evidence.
• Prolonged detention without being brought before a judge.

In such applications, the European Court of Human Rights assesses, in particular, the gravity of the violation, whether an effective remedy was provided in domestic law, and the applicant's suffering.

An individual application to the European Court of Human Rights is a process that can achieve success not merely by fulfilling formal requirements, but also by having content and structure prepared in accordance with the Court's established jurisprudence. When evaluating applications, the Court attaches importance not only to the applicant's suffering but also to the concrete, reasoned, and proportionate presentation of this suffering within the framework of the rights and freedoms guaranteed by the European Convention on Human Rights and its additional protocols. Therefore, applicants must structure their applications in line with the Court's established decisions.

Before lodging an application with the European Court of Human Rights after exhausting domestic remedies in Turkey, applicants should analyze their experience not only according to national law but also within the framework of the European Convention on Human Rights. This ensures that the application transcends being merely an appeal or cassation petition and transforms into a human rights-centered notification of violation. For instance, a prolonged administrative court process should be defined not just as 'the length of the proceedings' but as a 'violation of the right to a trial within a reasonable time,' and it should be linked to the Court's previous decisions in similar cases.

One of the common mistakes in applications to the European Court of Human Rights is merely narrating the event without specifying which Convention article it relates to. The applicant must clearly and directly demonstrate which of their rights, such as the right to life, the right to liberty and security, the right to a fair trial, or the protection of private life, have been violated. Furthermore, the application must concretely explain when, by which state institution, and how this violation occurred. Abstract allegations lead to the application being rejected by the Court on the grounds of being 'manifestly ill-founded.'

To strengthen the application, it is important to refer to the European Court of Human Rights' decisions on similar cases within the application petition. The Court tends to treat applications structured in accordance with its established jurisprudence more seriously and aims to ensure jurisprudential consistency in similar situations. In this context, for example, in an application concerning the length of detention, landmark decisions such as 'Kudła v. Poland' or 'Demirel v. Turkey' can be cited. This both defines the legal framework of the application and provides the Court with a concrete basis for assessment.

The chronological development of events must be presented clearly, sequentially, and chronologically in the application form. The Court evaluates events and the process as a whole; therefore, disorganized, contradictory, or disjointed narratives weaken the application's impact. It must be clearly stated what happened on which date, what kind of suffering the applicant experienced, which applications were made, and how these applications were responded to. This structure allows the Court to assess the seriousness of the application and the applicant's suffering more accurately.

Supporting documents – such as court decisions, notification receipts, defenses, expert reports – must be attached to the application completely and in an organized manner. Each document should be linked to the relevant section in the application form and, if necessary, brought to the Court's attention with brief explanations. Failure to include documents demonstrating the exhaustion of domestic remedies and timely submission of the application, in particular, can lead to the direct rejection of the application. Documents should, if possible, be supported by summary explanations in French or English.

To ensure the application is prepared in accordance with jurisprudence, it is important to seek assistance from a lawyer specialized in human rights law. Especially in Turkey, the restructuring of individual applications that have been exhausted and unsuccessful before the Constitutional Court, for submission to the European Court of Human Rights, requires a professional approach not only in terms of procedure but also content. Therefore, applicants must plan their litigation strategies in a manner consistent with the Court's approach.

For applications to the European Court of Human Rights to be effective and successful, applicants must strongly demonstrate not only the suffering they have experienced but also why this suffering constitutes a violation within the context of the European Convention on Human Rights. In this regard, mastery of application preparation techniques in accordance with the Court's established jurisprudence plays a decisive role in the application being declared admissible and receiving a favorable decision on its merits. Considering that most applications from Turkey are rejected on procedural grounds, preparing a jurisprudence-based, systematic, and legally consistent application is an extremely critical requirement.

For individual applications to the European Court of Human Rights to be considered, the application form must be filled out completely and in due form. The application form is not merely a document containing personal information, but the fundamental text in which the events underlying the application, allegations of legal violations, and evidence are systematically presented. Therefore, the preparation of the form should not be regarded as a mere formal act; it should be treated as a serious declaration of application to the Court.

The applicant must provide full and accurate identification details in the form, and submit complete contact information including a clear address, telephone number, and email address. If the application is to be made through a lawyer, the lawyer's name, bar registration details, contact information, and a notarized power of attorney must be submitted as an annex to the form. Applications made without a power of attorney are not accepted; unsigned or unidentified forms are not processed by the Court.

When summarizing the events in the form, priority should be given to events that are significant in the context of the European Convention on Human Rights. Events should be narrated in chronological order, with dates specified; it must be clearly and concretely demonstrated who did what, when, and how this violated which fundamental right of the applicant. The narrative should not be based on personal opinion or interpretation; it must be founded on facts supported by documents, decisions, or official procedures. The Court does not consider abstract, generalized, or undocumented allegations; it evaluates such applications as petitions lacking seriousness.

The application form must clearly state which Convention articles have been violated, and if possible, a separate explanation should be provided for each article, establishing a direct link between these rights violations and the events. For example, if a violation of the right to a fair trial is alleged, this violation must be linked to concrete reasons such as the failure to hold a hearing, failure to hear witnesses, rendering an unreasoned decision, or excessively long proceedings. Merely listing the Convention articles is not sufficient; how these provisions were violated must be explained in detail.

At the end of the form, it must be stated how and on what dates domestic remedies were exhausted. Applications made directly to the European Court of Human Rights without exhausting domestic remedies in Turkey are not accepted. Therefore, it is mandatory for the applicant to clearly state the date on which the proceedings concluded, whether an individual application was made to the Constitutional Court, when this application was finalized, and when the final decision was notified to them. All documents demonstrating the exhaustion of domestic remedies and the timely submission of the application must be attached to the application form.

The application form submitted to the Court can be filled out by hand or electronically; however, it is important that it is legible, clear, concise, and organized. Petitions that are excessively long, disorganized, contain irrelevant information, are full of repetitive statements, or lack legal analysis may lose their seriousness before the Court. The application form must be signed by the applicant or their lawyer at the end; unsigned forms are directly rejected.

Finally, the application form and accompanying documents must be sent by post directly to the Court's official address in Strasbourg. Applications submitted by fax or email are not accepted. The submitted application package must arrive complete in a single submission; applications with missing documents will not be evaluated, and no opportunity will be given for subsequent completion. Therefore, applicants must carefully review the European Court of Human Rights' current application guide before filling out the form and prepare their applications in accordance with the criteria set out in this guide.

The European Court of Human Rights receives tens of thousands of individual applications each year, and a significant portion of these are rejected on procedural grounds before proceeding to an examination of the merits. This situation leads to applications remaining unresolved, even in matters where applicants believe they are justified, without being addressed by the Court. Particularly in applications from Turkey, common procedural errors made by applicants in both domestic legal procedures and the process before the European Court of Human Rights lead to the failure of applications.

The most common and fundamental procedural error is the failure to fully exhaust all domestic remedies before lodging an application. In Turkey, an individual alleging a fundamental rights violation must have completed the process of first instance court, appeal, cassation, and subsequently, an individual application to the Constitutional Court. Lodging an application directly with the European Court of Human Rights without exhausting these remedies results in the application being declared 'inadmissible.' Most applicants either bypass the Constitutional Court application or make procedural errors in this application, proceeding to the European Court of Human Rights without formally completing the process. However, the Court considers an application admissible only if effective domestic remedies have been exhausted.

Another frequent error is non-compliance with the application deadline. An application to the European Court of Human Rights must be lodged within four months from the notification of the Constitutional Court's decision to the applicant. This period was reduced from six months to four months by Protocol No. 15, which entered into force on February 1, 2022. The four-month period is a preclusive time limit and cannot be extended on any grounds. In practice, applicants either miscalculate the deadline or submit the application with incomplete documents, unaware that the Court does not provide an opportunity to rectify deficiencies.

Applications to the European Court of Human Rights must be made using the standard application form published by the Court. If this form is not filled out in due form and completely, the Court will reject the application without any consideration. The most common errors in practice include: failure to sign the application form, failure to attach necessary documents (e.g., copies of decisions, notification documents, petitions used in domestic law), sending the form in Turkish, and failure to specify the applicant's full address, among other technical deficiencies. The Court shows no flexibility regarding such procedural shortcomings.

The European Court of Human Rights expects an application to be based not merely on the applicant's feeling of victimhood, but on a concrete allegation of a rights violation. Therefore, the petition must clearly and systematically state which article of the European Convention on Human Rights has been violated, and how, when, and by which event this violation occurred. In practice, many applications are drafted like a Council of State cassation petition or a Constitutional Court individual application petition, and fail to establish a concrete link with the European Convention on Human Rights. Such applications are deemed 'manifestly ill-founded' by the Court and declared inadmissible.

For an effective examination of the application, the application form and its annexes must be prepared in a clear, concise, and organized manner. The Court considers petitions that are filled with unnecessary details, fail to clearly convey the events, or deviate from the subject matter as a serious deficiency. Such applications weaken the seriousness of the applicant's claim and create an impression before the Court that the application is careless. It is particularly important for applicants who are not familiar with legal concepts to articulate human rights violations in an understandable way. Petitions should be simple, but structured with strong legal substantiation.

The application process to the European Court of Human Rights requires not only legal knowledge but also mastery of the Court's jurisprudence, rules of procedure, and assessment criteria.

In practice, some applicants file applications with lawyers who are not specialized in human rights law or with individuals who lack professional consulting competence, which leads to the application being weak both procedurally and substantively. The application gaining seriousness before the Court is largely possible through full compliance with procedural rules and specialized knowledge.

An individual application to the European Court of Human Rights is a serious legal process that necessitates full compliance with procedural rules. A significant portion of applications from Turkey are filtered out due to procedural deficiencies before being examined by the Court. This means that potential human rights violations suffered by individuals cannot be effectively remedied. Therefore, the application process must be conducted professionally, the application petition must be carefully prepared, and the applicant must ensure maximum diligence regarding deadlines, document organization, and the connections established with the Convention.