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  • Application To European Court of Human Rights
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    Application To European Court of Human Rights
     

    Who Can Apply? :
    As the Turkish Republic State has accepted European Convention on Human Rights and acknowledges the authority and decisions of European Court of Human Rights,
    Individually, as person or legal entity organizations (such as political parties, unions, associations) can apply against Turkish Republic State and other country states signed the agreement if it is considered that their rights and liberties guaranteed by the agreement or additional protocols have been violated.

    What Are the Conditions and Terms of Application? :

    Application can be made directly or indirectly on condition to be aggrieved because of violation of rights guaranteed by the agreement (such as Property right, Liberty and Security right, right to a Fair Trial).
    The essential validity rule of application is to apply within 6 months following exhaustion of all internal authorities (such as application to administration, law suit to be brought, process of appeal and revision of decision after conclusion of law suit) in Turkey or related country and beginning from the final decision of internal law (for example; with final decision of the Supreme Court of Appeals on revision of decision).
    The application is made in written as via petition, normal or e-mail, fax; as well as in the language of applicant, in Turkish, the application can also be made in English and French, the official languages of European Court of Human Rights. However it is one of the validity rules of application that at the applications to be made via fax or e-mail, master documents should be sent via normal mail and delivered to European Court of Human Rights.

    European Court of Human Rights is in Strasbourg in France and the application should be made to France to “Cour Europeenne Des Droits de l’Homme Conseil de I’ Europe 67075 STRASBOURG/FRANCE” address of European Court of Human Rights.
    What should take place fundamentally in signed Application petition of the applicant or the attorney he authorized are; a) identity-address information of the applicant and his attorney, b) subject of application with copies and brief contents of applications to state organs and all court decisions, c) articles of agreement regarding violated rights and liberties.
    The application can me made with the help of an attorney as well as individually. In this situation, “Certificate of Authorization” of the attorney implying that he is authorized should be added to documents that will be sent.
    The first application date to European Court of Human Rights is notification date of claim.
    It is necessary that the application to be made is not contrary to clauses of European Convention on Human Rights Agreement and that it is within the scope of agreement and area of jurisdiction of European Court of Human Rights.
    It is possible to benefit from judicial assistance, if the conditions exist, in the process of European Court of Human Rights.

    Evaluation of Application By European Court of Human Rights and Decision:

    When all the documents have been delivered to European Court of Human Rights, a temporary file is opened and a jurist from relevant Office of Court notifies the reply to the applicant or authorized attorney if any, along with an application form and form of authorization.
    The application and authorization form is completed by the applicant or his authorized attorney within prescribed time and sent to European Court of Human Rights, so the application is registered.

    The significant case hereby is that, if the applicant is not accepted after investigation of acceptability, this is notified to applicant-his authorized attorney and as this decision is definitive, the law suit ends.
    If individual application has been made, inadmissibility decision is taken unanimously by committees.
    It is the Department which will give the basic decision regarding acceptability of application.
    If the application is not found inadmissibility, then relevant Department of European Court of Human Rights may demand from the defendant government which the application s is about, to reply certain questions regarding application-violation and demand information and documents both from applicant-his authorized attorney and the defendant government in the course of this process.
    If European Court of Human Rights determines the application acceptable, in the event that it offers friendly settlement to parties after investigation-inspection it will carry out and both the applicant and defendant accepts this offer, the application is concluded.
    If way of friendly settlement between the applicant and government does not come true, then the relevant Department may declaratory judgment regarding the issue that rights and liberties have been violated, it may adjudge to material and moral compensation if chooses or may decide to delete of application from register.
    The applicant-his authorized attorney or the defendant government can apply to High Department which is the superior organ within the time against these decisions of the Department. Decision of High Department is definitive.

    INFORMATION: These presented information are general information and in case of any suit it is necessary to be consulted by an authorized person or jurist. No responsibility that will arise is taken because of modification of practices of events and conditions.
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