Who Can Apply to the ECtHR?
This page provides a practical and easy-to-understand guide to the entire process of applying to the European Court of Human Rights (ECtHR) for individuals who have experienced human rights violations in Türkiye. It explains who can apply, under what conditions, how to submit an application, which documents are required, how the proceedings unfold, and the most common mistakes applicants should avoid.
Important reminder: An application to the ECtHR must generally be lodged within four months of the final domestic decision, after all effective domestic remedies have been exhausted (or where their ineffectiveness has been clearly demonstrated).
Who Can Apply to the ECtHR?
Anyone whose rights guaranteed under the European Convention on Human Rights have been violated by an act or omission attributable to a public authority in Türkiye may apply to the European Court of Human Rights. There is no nationality requirement. Applications may be lodged by:
Direct victims; In certain circumstances, indirect victims (such as close family members); and Legal persons, including associations, foundations, and companies, where the applicable conditions are met.
Admissibility Requirements
Exhaustion of Domestic Remedies Applicants must first exhaust the effective remedies available under domestic law, such as appeal proceedings, cassation proceedings, and, where applicable, an individual application to the Constitutional Court. Exceptions may apply where domestic remedies are demonstrably ineffective.
Time Limit The application must be submitted within four months of the final domestic decision.
No Previous Examination of the Same Matter The same complaint must not have already been examined and finally determined by the ECtHR.
Not Manifestly Ill-Founded The application must have a reasonable legal basis, contain a clear description of the alleged violation, and be supported by relevant evidence.
Significant Disadvantage The applicant must have suffered a significant disadvantage, subject to the exceptions provided under the Convention.
Practical Tip
Always calculate the four-month time limit using the exact date of the final domestic decision. To avoid postal delays or delivery problems, submit your application well before the deadline.
How to Apply
Identify the Alleged Violation
Determine which provision of the Convention has been violated, for example:
Article 2 – Right to Life;
Article 3 – Prohibition of Torture;
Article 5 – Right to Liberty and Security;
Article 6 – Right to a Fair Trial;
Article 8 – Right to Respect for Private and Family Life;
Article 10 – Freedom of Expression;
Article 11 – Freedom of Assembly and Association;
Article 14 – Prohibition of Discrimination;
Protocol No. 1, Article 1 – Protection of Property;
Protocol No. 1, Article 2 – Right to Education.
Summarise the Domestic Proceedings
Provide a chronological account of the investigation or court proceedings, including the relevant judicial decisions, any Constitutional Court proceedings, and, where applicable, the reasons why domestic remedies were ineffective.
Collect the Evidence
Gather all relevant documents, including court decisions, official records, medical reports, expert opinions, photographs, videos, correspondence, and documents proving notification or service.
Complete the ECtHR Application Form
Complete all sections of the application form, including personal information, facts, alleged violations, domestic remedies, and claims.
Submit the Application
Send the completed application form together with all supporting documents to the Court by post. The documents should be complete, legible, page-numbered, and accompanied by a list of attachments.
Follow the Proceedings
Once the Court assigns an application number, keep it safely and respond to all correspondence from the Court within the prescribed time limits.
Common Mistakes to Avoid
Missing the four-month time limit.
Submitting an incomplete application form, such as missing signatures, dates, attachment lists, or Convention Articles relied upon.
Failing to submit supporting evidence or sending illegible copies.
Failing to demonstrate that domestic remedies have been exhausted or were ineffective.
Failing to respond to correspondence from the Court within the required time limits.
Common Types of Complaints from Türkiye
Missing the four-month time limit.
Submitting an incomplete application form, such as missing signatures, dates, attachment lists, or Convention Articles relied upon.
Failing to submit supporting evidence or sending illegible copies.
Failing to demonstrate that domestic remedies have been exhausted or were ineffective.
Failing to respond to correspondence from the Court within the required time limits.
Common Types of Complaints from Türkiye
Article 5 – Right to Liberty and Security
Arbitrary arrest or detention, excessive pre-trial detention, ineffective judicial review of detention.
Article 6 – Right to a Fair Trial
Lack of an independent or impartial tribunal, restrictions on defence rights, convictions without adequate reasoning.
Article 8 – Right to Respect for Private and Family Life
Arbitrary searches, unlawful interference with digital data, disproportionate interference with family life.
Article 10 – Freedom of Expression
Criminal sanctions imposed for press publications or social media posts.
Article 14 – Prohibition of Discrimination
Different treatment based on political opinion, religion or belief, gender, or other protected grounds.
Protocol No. 1, Article 1 – Protection of Property
Confiscation of property, appointment of trustees, or interference with companies and business assets.
Summary
Anyone whose Convention rights have been violated within the jurisdiction of a State Party to the European Convention on Human Rights may apply to the European Court of Human Rights.
An application generally requires the exhaustion of domestic remedies, submission within four months of the final domestic decision, and adequate supporting evidence.
The most common complaints concern the right to liberty, the right to a fair trial, the right to respect for private life, freedom of expression, and the protection of property.
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