Applications to the ECtHR and the Constitutional Court

In our work in this field, Article 148 of the Constitution, Law No. 6216, the Code of Administrative Procedure No. 2577, the Code of Criminal Procedure No. 5271, the European Convention on Human Rights and the relevant domestic legal provisions are assessed together. Each application is examined in detail with regard to the nature of the alleged violation, the remedies that have been exhausted, the finalized decisions, the application period and the admissibility conditions.

In the individual application process before the Constitutional Court, a legal assessment is carried out on behalf of persons who claim that their fundamental rights falling within the common area of protection of the Constitution and the European Convention on Human Rights have been violated by acts of public authority or by judicial decisions. It is not sufficient for the application merely to contain an allegation of a violation of rights; it must also satisfy the admissibility conditions and be prepared in conformity with the procedural rules.

Within this scope, finalized court decisions, administrative acts, available remedies, time limits, the judicial process and the facts on which the alleged violation is based are examined together. The violations of rights that may be asserted in the application are identified, the chronology of the events is established, and the application petition is prepared together with its legal grounds.

With regard to applications to be made to the European Court of Human Rights, it is first assessed whether domestic remedies have been exhausted effectively and in accordance with the proper procedure. It is of great importance that the application form be prepared within the framework of the European Convention on Human Rights and the Court's case-law, that the alleged violations be set out in a clear and concrete manner, and that the necessary documents be submitted in full.

Allegations of violations relating to fundamental rights such as the right to a fair trial, the right to property, freedom of expression, the right to liberty and security of person, the right to respect for private and family life, the right to an effective remedy, the prohibition of discrimination and the right to a trial within a reasonable time are assessed within the scope of this field of practice.

Among the subjects most frequently encountered in applications to the Constitutional Court and the European Court of Human Rights, complaints relating to the right to a fair trial come first. The right to a reasoned decision, the right of access to a court, the principle of equality of arms, the right to adversarial proceedings, the assessment of evidence and the failure to complete the proceedings within a reasonable time frequently arise within this scope.

Allegations of violation of the right to property also occupy an important place in practice. It may be asserted that the right to property has been violated on account of expropriation, de facto seizure without expropriation, zoning practices, tax and administrative sanctions, administrative acts interfering with the ownership of immovable property, and protracted proceedings.

With regard to criminal proceedings, detention measures, the right to liberty and security of person, trial within a reasonable time, restriction of the right of defence, the use of unlawfully obtained evidence and allegations of unreasoned decisions may be made the subject of an application.

Allegations of violations relating to freedom of expression, freedom of the press, the confidentiality of private life, the protection of personal data, the right to hold meetings and demonstration marches, and the prohibition of discrimination are also among the important headings assessed in individual application proceedings.

One of the most critical matters in these applications is the correct determination of the available remedies and compliance with the time limits. The failure to exhaust domestic remedies, the missing of the application period, the insufficient substantiation of the alleged violation, or the incomplete submission of the necessary documents may result in the application being found inadmissible.

The process begins with the examination of the court decision, administrative act or public authority interference that is alleged to have given rise to the violation. At this stage, the entire file, the prior judicial process, the available remedies, the date of finalization, the date of becoming aware, and the application period are assessed together.

In an individual application to the Constitutional Court, the application must be made within the prescribed period running from the exhaustion of ordinary legal remedies or from becoming aware of the violation. For this reason, the calculation of the time limit is one of the most important stages of the application.

In applications to the European Court of Human Rights, it is assessed whether domestic remedies have been exhausted, whether the application is based on a right protected under the Convention, and whether it satisfies the Court's admissibility criteria. The application must be made within the prescribed period running from the final domestic decision and in accordance with the application procedure determined by the Court.

Following the examination, the rights alleged to have been violated are identified, the chronology of the events is prepared, the legal basis of the application is established, and the necessary documents are appended to the application. After the application is filed, any additional information and documents requested by the Court or the relevant authority are followed up.

In every application, the aim is to set out the alleged violation, together with the particular features of the concrete case, in a clear, consistent and legally grounded manner, and to ensure that the application is prepared in full with regard to procedure and time limits. The client is regularly informed about the preparation and submission of the application and its subsequent stages.