In What Situations Can an Application Be Submitted?
The European Convention on Human Rights (ECHR) is one of the most important international treaties protecting the fundamental rights and freedoms of every individual.
Below is a concise overview of the principal rights protected by the Convention and its Protocols, the circumstances in which those rights may be violated, and the legal remedies available to individuals in response to such violations.
Right to Life (Article 2 of the ECHR)
What does this right protect?
The right to life is the most fundamental right of every human being and one that the State is obliged to protect both directly and indirectly.
When may it be violated?
When a person’s life is put at risk in police custody, prison, or under the supervision of public officials,
When persons with chronic illnesses are prevented from accessing medication or treatment,
When serious harm occurs as a result of the State’s failure to ensure adequate health conditions or security.
What can you do?
Keep medical reports, doctors’ notes, and documents showing obstacles to accessing medication.
For example, the case of Gökhan Açıkkolu, who died in police custody, is an example of a serious violation of this right.
Prohibition of Torture and Ill-Treatment (Article 3 of the ECHR)
What does this right protect?
No one may be subjected to torture or to inhuman or degrading treatment or punishment. This right is absolute and cannot be restricted under any circumstances.
When may it be violated?
- Being subjected to physical or psychological violence,
- Being held in overcrowded, dirty, or unhealthy conditions,
- Failure to provide necessary medication or medical treatment,
- Deliberate obstruction of access to worship or hygiene facilities.
What can you do?
Document all physical and psychological findings and, where possible, obtain an independent medical report.
Photographs, witness statements, or prison petitions may also be considered evidence.
Right to Liberty and Security (Article 5 of the ECHR)
What does this right protect?
The State may arrest or detain a person only in the circumstances prescribed by law. Arbitrary deprivation of liberty is prohibited.
When may it be violated?
Short-term detention without reasons, even for a few hours,
Police custody exceeding 4 days,
Detention without evidence,
Detention without any risk of absconding or tampering with evidence,
Lack of an effective remedy to challenge detention.
What can you do?
Document arrest, custody, and detention decisions with dates, duration, and location details.
Be sure to state if access to a lawyer was restricted or if objections were rejected.
Right to a Fair Trial (Article 6 of the ECHR)
What does this right protect?
It guarantees the right to be tried before an independent court, with the right of defence, within a reasonable time, and under equal conditions.
When may it be violated?
Not allowing a detainee to meet with their lawyer, or recording lawyer-client meetings,
Holding a person for a long period without allowing contact with anyone,
Lawyers refraining from providing a defence due to political pressure,
Not being tried before an impartial court.
Presumption of innocence (Article 6 § 2):
Being labelled as a “member of a terrorist organisation” without a court judgment, or being publicly declared guilty in official statements, violates this right.
What can you do?
Collect newspaper clippings, television recordings, and official statements as evidence.
No Punishment Without Law (Article 7 of the ECHR)
What does this right protect?
No one may be punished for an act that did not constitute a criminal offence at the time it was committed.
When may it be violated?
- Being punished on the basis of acts that were not criminal under the law, such as using an application, opening an account at a particular bank, or becoming a member of an association.
What can you do?
Clearly state that the accusation against you has no legal basis.
Attach the relevant Article numbers mentioned in the detention or judgment documents.
Right to Respect for Private and Family Life (Article 8 of the ECHR)
What does this right protect?
It protects personal life, family relationships, the inviolability of the home, and the confidentiality of correspondence.
When may it be violated?
Being investigated solely because of your social circle, school, or an institution to which you made donations,
Preventing or recording meetings with your family,
Children being harmed as a result of detention,
Unlawful house searches or phone tapping,
Being targeted in the media and having your reputation damaged.
What can you do?
Keep evidence such as reports, documents, photographs, and doctors’ notes. Documents obtained from private hospitals are also valid.
Freedom of Thought, Conscience and Religion (Article 9 of the ECHR)
What does this right protect?
It protects the freedom to have a belief and the freedom to express or not express that belief.
When may it be violated?
Being subjected to criminal proceedings because of membership of or sympathy for a religious group,
Treating faith-based social ties as “organisational activities”.
What can you do?
Clearly state that you have been discriminated against because of your belief or opinion. Make sure this is also recorded during domestic proceedings.
Freedom of Expression (Article 10 of the ECHR)
What does this right protect?
It protects the freedom to express and disseminate ideas and to receive information.
When may it be violated?
Closure or seizure of media outlets,
Being investigated because of journalistic activities,
Being targeted because of subscribing to a newspaper or sharing news.
What can you do?
Document any measures taken against you because of your press activities or media consumption.
Freedom of Assembly and Association (Article 11 of the ECHR)
What does this right protect?
It protects the freedom to assemble peacefully and to establish or join associations, trade unions, or professional organisations.
When may it be violated?
- Detention or investigation because of membership of an association, trade union, or foundation,
- Closure of an association or seizure of its assets.
What can you do?
Raise this issue before domestic authorities not only as a loss of property, but also as a violation of the right to association.
Prohibition of Discrimination (Article 14 of the ECHR)
What does this right protect?
It protects the right not to be treated differently on grounds such as race, religion, language, political opinion, or social status.
When may it be violated?
Being treated differently because of political opinion, religious belief, or social affiliation,
Receiving a heavier punishment than others who committed the same act,
Being investigated solely because of your social circle, school, or an institution to which you made donations.
What can you do?
Collect examples of people in similar situations who were treated differently. Raise discrimination together with other violations, for example “Article 5 + Article 14”.
Right to Property (Protocol No. 1, Article 1)
What does this right protect?
It protects property and provides safeguards against arbitrary confiscation.
When may it be violated?
Seizure of property, appointment of trustees, transfer to the Savings Deposit Insurance Fund (TMSF),
Prevention of access to property or restrictions on its use.
What can you do?
Collect detailed documents relating to your property, such as title deeds, company records, and court decisions. Where possible, include the date and number of the seizure decision.
Right to Education (Protocol No. 1, Article 2)
What does this right protect?
It protects everyone’s right to access educational institutions and continue their education.
When may it be violated?
Closure of a school or university,
Obstruction of a child’s transfer to another school,
Being forced to pay excessive fees at a new school.
What can you do?
Attach documents relating to the closed school, enrolment records, and information on the fees charged by the new school.
Conclusion and Recommendations
Exhaust domestic remedies before applying to the ECtHR.
Keep all evidence supporting your application, including documents, decisions, reports, and visual materials.
If access to domestic remedies is obstructed, make sure this obstruction is recorded in writing.
Explain in detail in your ECtHR application the obstacles you faced.
“Applying to the ECtHR is not only an individual search for justice; it is also a collective struggle to make the law function again.”
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