Whether ordinary criminal remedies are made in a criminal case, civil action or administrative case, the decision is finalized and the Constitutional Court application is made within the due time and negative results are obtained here, although despite the exhaustion of domestic remedies, your basic rights and freedoms will be violated. the European Court of Human Rights.

Previously, individuals could apply to the European Court of Human Rights before, while the scope of the individual application was extended with additional Protocol No. 11, and the right to individual application was granted to individuals as well as non-governmental organizations and groups of people.

As a matter of fact, the right to individual application is granted to all persons within the jurisdiction of the States parties to the convention and whose fundamental rights and freedoms have been violated by the European Convention on Human Rights.

The right to apply is not limited to the citizens of the States parties. Non-governmental organizations with legal personality can also apply. Persons who are not fully qualified can also apply through their guardians.
In the area of ​​criminal law, convicts may also apply through their guardians appointed by the Court.

Applications of non-survivors are not accepted. However, the applications of relatives and heirs are accepted.

The most important point to be considered when making an application is that the application petition should be prepared in connection with the violation of the rights and freedoms defined in the European Convention on Human Rights. In practice, since many applications are being prepared in the form of an Appeal or a Petition of Appeal, they cannot be evaluated properly.

Domestic remedies must be exhausted for application to the European Court of Human Rights. After the exhaustion of the domestic remedies, the application period is four months after the final decision is made.

There is a legal benefit for applications to the European Court of Human Rights, as well as in the domestic law branches, as well as in the case of a lawyer who is specialized in Human Rights Law and the case law of the European Court of Human Rights.

Lawyer Tolga Ersoy Law Office in Istanbul provides legal services to legal entities and individuals. He mainly works as a Criminal Lawyer in the field of Criminal Law. He provides advocacy services in many areas of law, including Family Law and Compensation Law.


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