Practice Area
European Court of Human Rights (ECtHR) Application Lawyer
The application process before the European Court of Human Rights after domestic remedies have been exhausted.
An ECtHR application lawyer prepares and follows up an application to the European Court of Human Rights (ECtHR) in Strasbourg, lodged after domestic remedies have been exhausted, alleging a violation of rights guaranteed by the European Convention on Human Rights. If the final decision was given on or after 1 February 2022, the application must be lodged by post within four months of that decision; at Sophos Law Firm, these matters are handled by Attorney Hüseyin Aydın.
Advice on ECtHR Applications
The European Court of Human Rights (ECtHR) is an international court that examines allegations that States Parties have violated the rights guaranteed by the European Convention on Human Rights. The Court may deal with a matter only after all domestic remedies have been exhausted and where the application is lodged within four months of the final decision (Article 35 § 1 of the Convention); with regard to Türkiye, an individual application to the Constitutional Court (AYM) is regarded as one of the remedies that must be exhausted.
Protocol No. 15 entered into force on 1 August 2021; it reduced the time limit in Article 35 of the Convention from six to four months, and this change has applied since 1 February 2022. The four-month limit does not apply to applications where the final decision was given before 1 February 2022; in those cases the six-month limit applies (Article 8 § 3 of Protocol No. 15). As the time limit is short, timely and accurate management of the process is important.
Sophos Law Firm provides legal support in preparing the application form and following up the proceedings in cases where no result was obtained at the Constitutional Court stage or which must be brought directly before the ECtHR.
Application Requirements, Time Limits and Authorities
| Subject | Legal basis | Authority / method | Critical time limit or requirement |
|---|---|---|---|
| Exhaustion of domestic remedies | Convention Art. 35 § 1 | National authorities; in Türkiye including an individual application to the Constitutional Court | Discretionary or extraordinary remedies (e.g. reopening of proceedings) need not be exhausted (Practical Guide §131-132) |
| Time limit for applying | Convention Art. 35 § 1; Protocol No. 15 Arts. 4 and 8 § 3 | ECtHR | 4 months from the final decision (final decision after 1/2/2022); 6 months for earlier decisions. The time limit runs from the day following the date on which the decision was served or became known and expires four calendar months later (Practical Guide §203, §212) |
| Form of application | Rules of Court, Rule 47 | Registry of the Court in Strasbourg; official application form | The form is completed, printed, signed and sent by post; a fax does not interrupt the time limit; the date of application is the date of the postmark (Rule 47 § 6 (a)) |
| Language | Rule 34 | Registry of the Court | Correspondence is possible in the official languages of the States Parties, including Turkish; after communication to the Government, correspondence is in English or French (the President of the Chamber may grant leave otherwise) |
| Representation | Rule 36 | ECtHR | Initially, the applicant may apply in person or through a representative; after the application has been communicated to the Government, representation by an advocate authorised to practise and resident in one of the Contracting Parties is expected |
| Interim measures | Rule 39 | Duty judge | Imminent risk of irreparable harm; request via the dedicated website, by fax or by post (not by e-mail) |
| Just satisfaction | Convention Art. 41; Rule 60 | Chamber | The claim is submitted explicitly and itemised, within the time limit set for observations on the merits |
| Referral to the Grand Chamber | Convention Arts. 43-44 | Panel of the Grand Chamber | Within 3 months of the Chamber judgment; exceptional |
| Reopening of domestic proceedings after a violation | Turkish Code of Criminal Procedure (CMK) Art. 311/1-f; Administrative Procedure Law (İYUK) Art. 53/1-ı and 3; Code of Civil Procedure (HMK) Arts. 375/1-i and 377 | Domestic courts | In criminal and administrative proceedings, 1 year from the date the ECtHR judgment became final; in civil proceedings, 3 months from notification of the judgment |
The time limits are strict and cannot be extended; the date of the final decision and the date of its notification are recorded at the first meeting.
Matters Handled in This Field
Preliminary Assessment Before Filing
Checking whether domestic remedies have been exhausted and whether the time limit has been complied with (four or six months, depending on the date of the final decision) (see Constitutional Court Applications).
Preparing the Application Form
Preparing the Court’s official application form; setting out the facts, the alleged violations and compliance with the admissibility criteria concisely, and sending the form with its annexes by post to the Registry of the Court within the time limit.
Right to a Fair Trial (Art. 6) Applications
Complaints concerning the reasonable length of proceedings and the rights of the defence.
Right to Liberty and Security (Art. 5) Applications
Applications concerning the length of pre-trial detention and police custody measures (see Criminal Law).
Freedom of Expression (Art. 10) Applications
Applications concerning interferences with press freedom and freedom of expression.
Protection of Property (Protocol No. 1) Applications
Applications based on alleged unjustified interference with property (Article 1 of Protocol No. 1 to the Convention). For real estate disputes, see the Alanya Real Estate Lawyer page.
Right to Life and Prohibition of Torture (Arts. 2 and 3) Applications
Preparing applications based on suspicious deaths, allegations of ill-treatment in police custody or prison, and complaints that no effective investigation was carried out into such incidents.
Right to Respect for Private and Family Life (Art. 8) Applications
Applications concerning custody and contact with children, international child abduction, inviolability of the home, monitoring of correspondence and interference with personal data.
Freedom of Religion, Assembly and Association (Arts. 9 and 11) Applications
Applications concerning interferences with freedom of thought, conscience and religion, with meetings and demonstrations, and with the activities of associations and trade unions.
Prohibition of Discrimination (Art. 14) and Right to an Effective Remedy (Art. 13) Complaints
Raising complaints of discrimination in the enjoyment of Convention rights and of the lack of an effective domestic remedy, together with the relevant substantive right.
Deportation and Administrative Detention of Foreigners Applications
Applications concerning deportation and administrative detention decisions under the Turkish Law on Foreigners and International Protection No. 6458 (YUKK), lodged after exhaustion of domestic remedies under Articles 3, 5 § 1 (f) and 8 of the Convention and Article 1 of Protocol No. 7.
Non-Enforcement of Final Judgments Applications
Applications under Article 6 and Article 1 of Protocol No. 1 where a final court judgment in the applicant’s favour has not been enforced, or has been enforced late, by the administration or other debtors.
Right to Education and Right to Free Elections (Arts. 2 and 3 of Protocol No. 1) Applications
Applications concerning restrictions on the right to education and on the right to vote or stand in elections to the legislature.
Interim Measures (Rule 39)
In exceptional cases, where there is an imminent risk of irreparable harm to a Convention right, the Court may indicate interim measures to be adopted by the parties (Rule 39 § 1). Requests are decided by duty judges (Rules 39 § 2 and 39 § 5). A request may be sent through the dedicated website operated by the Court for interim measure requests, by fax or by post; requests sent by e-mail are not processed. For requests sent by fax or post, the envelope and the document should be marked “Rule 39 – Urgent” and a contact person should be named; in expulsion or extradition cases the scheduled date and time of removal should also be stated. Requests are handled on weekdays between 8 a.m. and 4 p.m. Strasbourg time; requests received at weekends or on public holidays are processed on the next working day. A request is expected to be sent as soon as possible after the final domestic decision. For administrative court time limits in matters concerning foreigners and deportation, see the Alanya Immigration Lawyer page.
Just Satisfaction Claims
Preparing claims for pecuniary and non-pecuniary damage under Article 41 of the Convention where a violation is found. The Court awards just satisfaction, if necessary, where domestic law allows only partial reparation; the applicant must make an explicit claim and submit itemised particulars with supporting documents (Rule 60).
Case Follow-up and Correspondence
Following up correspondence with the Court, additional submissions and, in exceptional cases, hearing proceedings. After the application has been communicated to the Government, correspondence is conducted in one of the Court’s official languages (English or French); if the President grants leave, the applicant may continue to correspond in his or her own language (Rule 34 § 3). Correspondence through the Court’s electronic communication system (eComms) is possible; the initial application, however, is lodged by post.
Reply to the Government’s Observations
After the application has been communicated to the Government, submitting a reply and counter-observations to the Government’s observations on admissibility and merits within the time limit set by the Court.
Friendly Settlement and Unilateral Declaration
Representing the applicant in friendly settlement negotiations conducted through the Registry (Article 39 of the Convention, Rule 62 of the Rules of Court) and submitting observations on a unilateral declaration by the Government (Rule 62A).
Request for Referral to the Grand Chamber
Preparing a request for referral to the Grand Chamber within three months of the Chamber judgment, or submitting observations on a referral request by the other party (Article 43 of the Convention).
Execution of the Judgment and Reopening of Proceedings
Monitoring the execution of a final judgment before the Committee of Ministers (Article 46 § 2 of the Convention) and preparing a request for the reopening of domestic proceedings on the basis of the violation judgment under Article 311 of the Turkish Code of Criminal Procedure (CMK), Article 53 of the Administrative Procedure Law (İYUK) or Article 375 of the Code of Civil Procedure (HMK).
Human Rights Compensation Commission Applications
Applications to the Human Rights Compensation Commission under Law No. 6384 for complaints such as excessive length of proceedings and late or incomplete enforcement of court judgments, and follow-up of objections against the Commission’s decisions.
Admissibility: Which Applications Are Not Examined
The Court may reject an application it considers inadmissible at any stage of the proceedings (Convention Art. 35 § 4). Common grounds of inadmissibility are:
- Time limit and exhaustion of remedies: Where domestic remedies have not been exhausted or the four-month time limit has expired (Art. 35 § 1).
- Anonymous or substantially identical application: Where the application is anonymous, or is substantially the same as a matter already examined by the Court or submitted to another international procedure and contains no relevant new information (Art. 35 § 2).
- Incompatibility with the Convention, manifest ill-foundedness, abuse of the right of application: (Art. 35 § 3 (a)).
- Significant disadvantage: Where the applicant has not suffered a significant disadvantage and respect for human rights does not require an examination on the merits (Art. 35 § 3 (b)).
- Victim status: The application must be lodged by a person, non-governmental organisation or group of individuals claiming to be the victim of a violation by a State Party of the rights set forth in the Convention (Art. 34).
- Formal deficiencies: If the information and documents listed in Rule 47 §§ 1-3 of the Rules of Court are incomplete, the application will not be examined by the Court; any additional statement annexed to the form may not exceed 20 pages (Rules 47 § 2 (b) and 47 § 5).
An application that is formally in order is not necessarily admissible. Completing the form correctly and in full is therefore a decisive stage of the application.
Violation Judgment, Just Satisfaction and Reopening of Domestic Proceedings
Where the Court finds a violation and domestic law allows only partial reparation, it may, if necessary, afford just satisfaction to the injured party (Article 41 of the Convention). A Chamber judgment becomes final when the parties declare that they will not request referral to the Grand Chamber, or three months after the judgment; referral to the Grand Chamber is exceptional and must be requested within three months of the date of the judgment (Articles 43-44). A final judgment is binding on the respondent State, and its execution is supervised by the Committee of Ministers (Article 46).
Under Turkish law, a final violation judgment of the ECtHR, or a strike-out decision following a friendly settlement or unilateral declaration, is a ground for reopening proceedings: in criminal proceedings under Article 311 § 1 (f) of the Turkish Code of Criminal Procedure (CMK) (one year from the date the judgment became final), in administrative proceedings under Article 53 § 1 (ı) and § 3 of the Administrative Procedure Law (İYUK) (one year from the date the judgment became final), and in civil proceedings under Articles 375 § 1 (i) and 377 of the Code of Civil Procedure (HMK) (three months from notification of the judgment). Because the time limits differ, the post-judgment steps are planned separately. The ECtHR case-law can be searched in the HUDOC database.
The ECtHR Application Process
- Checking Exhaustion of Domestic Remedies: It is confirmed that effective domestic remedies, including an individual application to the Constitutional Court, have been exhausted, and the date and notification of the final decision are verified; discretionary or extraordinary remedies are not part of the exhaustion requirement.
- Preparing the Application: Within the four-month time limit (six months if the final decision was given before 1/2/2022), the official application form is completed, signed and sent by post with its annexes to the Registry of the Court.
- Admissibility Examination: The Court assesses the application against the procedural and substantive admissibility criteria.
- Examination of the Merits and Judgment: If a violation is found, just satisfaction may be awarded; execution of the judgment is supervised by the Committee of Ministers.
Documents to Prepare for the File
- Documents relating to the decisions or measures complained of (Rule 47 § 3.1 (a))
- Documents showing that domestic remedies have been exhausted and the time limit complied with; a document showing the date of notification of the final decision (Rule 47 § 3.1 (b))
- Authority form signed by the applicant and the representative (Rule 47 § 1 (c); original signatures required)
- A list of the documents, numbered in chronological order (Rule 47 § 3.2)
- Documents relating to the damage, if just satisfaction is claimed (Rule 60)
- Power of attorney for applicants living abroad
Related Guides
Our guides on domestic remedies and application procedures:
Working Method
In ECtHR cases, the first step is to establish the date and notification of the final decision and to calculate the four- or six-month time limit. The application form, the annexes, any request for interim measures and the items of the just satisfaction claim are planned together. For information about the founder of the firm, see the Attorney Hüseyin Aydın page; for an assessment of your case, see the contact page.
Frequently Asked Questions
Your Questions
The information on this page is for general information purposes only and does not constitute legal advice or consultancy.