Applications to the European Court of Human Rights are one of the most powerful legal avenues individuals can pursue to protect their fundamental rights and freedoms against the state. However, this route is not, as one might imagine, merely a matter of filling out an application form. On the contrary, it is a complex process with technical rules, strict deadlines and established case law. Therefore, working with a solicitor who is an expert in this field directly affects the outcome of the application to the European Court of Human Rights.
Solicitor Esra Aslan provides professional legal support to her clients in applications to the European Court of Human Rights, aiming to ensure that rights violations are correctly identified and that applications pass the admissibility stage. With her experience in human rights law, she approaches applications not only from a legal perspective but also from a strategic one.
What is the European Court of Human Rights and what does it do?
The European Court of Human Rights monitors whether states that are parties to the European Convention on Human Rights respect the fundamental rights and freedoms of individuals. The Court does not appeal against decisions made by national courts; it only examines whether there has been a violation of rights.
In this respect, the ECtHR is not a traditional supreme court. The Court’s task is to determine whether states are complying with their treaty obligations.
What does an Istanbul European Court of Human Rights lawyer do?
The Istanbul European Court of Human Rights lawyer plans not only the drafting process of the application but also the entire legal strategy. Lawyer Esra Aslan first analyses whether the alleged violations can be assessed within the scope of the ECHR in each case.
In this context, it follows these steps:
-
Ensures that the infringed right is correctly identified.
-
It examines whether domestic legal remedies have been exhausted.
-
Ensures that the application deadline is not missed.
-
Develops legal arguments in line with the case law of the European Court of Human Rights.
-
Prepares the application file in accordance with the Court’s technical criteria.
This approach aims to prevent the application from being rejected at the very first stage.
Who can apply to the European Court of Human Rights?
Not only individuals but also legal entities may apply to the European Court of Human Rights under certain conditions. However, the application must be made against a state.
The following persons may apply to the European Court of Human Rights:
-
Natural persons.
-
Companies.
-
Associations.
-
Foundations and other legal entities.
However, individuals cannot directly complain about other individuals to the European Court of Human Rights. Lawyer Esra Aslan thoroughly assesses these issues of authority and competence prior to filing an application.
European Court of Human Rights Application Requirements
The most critical issue in ECHR applications is the admissibility criteria. If these criteria are not met, the Court will reject the case without examining the merits.
The main application requirements are as follows:
-
All domestic legal remedies must have been exhausted.
-
The application deadline must not be missed under any circumstances.
-
The alleged violation must fall within the scope of the European Convention on Human Rights.
-
The application must not be manifestly unfounded.
-
The same subject matter should not have been previously decided by the ECtHR in a judgment it has not been bound by.
Solicitor Esra Aslan will conduct a detailed preliminary review to assess whether the application meets these criteria.
Application to the European Court of Human Rights
| Stage | Required Actions | Critical Points |
|---|---|---|
| Rights Violation Detection | State originating a fundamental right violation has occurred must be determined . | Not every injustice falls within the scope of the ECHR and does not constitute a violation, violation must correspond with the article of the convention it is based on. |
| Exhaustion of Domestic Remedies | All effective avenues of appeal must be exhausted in Turkey. | An application to the Constitutional Court is generally mandatory. |
| Final Decision Making | Internal a9> in law given final decision becoming final is required. | This date, ECHR application period starting point point. |
| Calculation of the Application Period | The application period to the ECHR must not be missed. | The timeframe is very strict; even a single day’s delay is grounds for rejection. |
| Determination of the Violation Provision | The relevant provision of the European Convention on Human Rights is identified. | Applications based on the wrong provision will not be accepted. |
| Completing the Application Form | The ECHR application form must be completed fully and accurately. | Incomplete forms will be rejected without extension of time. |
| Preparation of Documents | Court decisions, petitions and attachments are added to the file. | Claims without supporting documents will not be considered. |
| Submission to the ECHR Submission | Application file is submitted to the Court. | If the submission is not made in accordance with the procedure a13> appropriate submission is not made the application will not be processed by the Court. |
| Admissibility Review | The court examines whether the application meets the conditions. | The majority of applications are rejected at this stage. |
| Main Review and Decision | If a violation is found, the Court shall decide. | A violation decision may result in compensation and a retrial. |
The application process to the European Court of Human Rights requires professional legal support due to strict procedural rules. A minor error can lead to the application being rejected without being considered on its merits.
The Most Frequently Reported Human Rights Violations to the ECHR
Certain types of violations stand out in applications made to the European Court of Human Rights from Turkey. When presented correctly, these violations are among the cases most likely to be accepted.
The most common types of violations are as follows:
-
Fair trial right violation.
-
Violation of the principle of trial within a reasonable time.
-
Arrest and freedom right violations.
-
Interference with freedom of expression and the press.
-
Violation of property rights.
-
Violation of private and family life.
Solicitor Esra Aslan strengthens the application by taking into account the Court’s previous rulings for each type of violation.
Common Errors Made in Applications to the European Court of Human Rights
Many applications to the European Court of Human Rights are rejected before reaching the substantive examination stage. The main reason for this is errors made during the application process.
The most common mistakes are as follows:
-
Failure to meet the application deadline.
-
Submission of incomplete or incorrect documents.
-
Reliance on an incorrect contractual clause.
-
Failure to exhaust domestic legal remedies.
-
Filling the application with emotional expressions.
Solicitor Esra Aslan prepares the case professionally, preventing these errors from the outset.
The Advantages of Working with a European Court of Human Rights Lawyer
ECHR process expert a lawyer working, significantly increases the success of the application.
These advantages are as follows:
-
The likelihood of the application being accepted increases.
-
Procedural risks are minimised.
-
Legal arguments are strengthened.
-
The process proceeds in a more controlled and conscious manner.
-
The applicant is also provided with psychological support as well .
Solicitor Esra Aslan maintains transparent communication with her clients, clearly explaining each stage of the process.
What are the consequences of ECHR judgments?
When the European Court of Human Rights finds a violation, the state is obliged to comply with the ruling. The rulings are not limited to compensation.
The possible outcomes are as follows:
-
The payment of material and moral compensation.
-
A retrial shall be held.
-
Amendment of administrative and legal regulations.
-
Implementation of structural reforms.
In this respect, applications to the European Court of Human Rights have not only an individual but also a societal impact.
Starting the ECHR Process with Esra Aslan
Applications to the European Court of Human Rights involve non-renewable deadlines and strict rules. Therefore, taking the right step at the very beginning of the process is crucial. Solicitor Esra Aslan conducts a legal assessment prior to the application to clarify whether your case can be considered under the ECHR.
If you believe that your fundamental rights and freedoms have been violated, having your case assessed from a professional perspective will be the most effective start to the process. A properly prepared application to the European Court of Human Rights can affect not only your individual rights, but also the future of many others who have suffered similar violations.
Frequently Asked Questions (FAQ)
European Court of Human Rights to whom can one apply?
Individuals who believe that their fundamental rights and freedoms have been violated by the state may apply to the European Court of Human Rights. Legal entities such as companies, associations and foundations may also apply under certain conditions. The application must be made against a state.
Can an application be made directly to the European Court of Human Rights?
No. Before applying to the European Court of Human Rights, it is mandatory to exhaust all effective domestic legal remedies in Turkey. An individual application to the Constitutional Court is usually an important part of this process.
What is the time limit for applying to the European Court of Human Rights?
There is a limited period of time for applying to the ECHR after the final decision in domestic law has become final. This period is fixed and strict. If the deadline is missed, the application will be rejected without being examined on its merits.
Is there a fee for applying to the European Court of Human Rights?
Applying to the European Court of Human Rights is free of charge. However, it is necessary to obtain legal representation to ensure that the application is properly prepared, undergoes legal assessment, and is professionally managed throughout the process.
How long does it take for an ECHR application to be resolved?
The time taken for ECHR applications to be resolved varies depending on the nature of the case. The admissibility stage, the defence phase and the decision process can take several years. However, properly prepared cases progress more smoothly.
If the application to the European Court of Human Rights is rejected, can another application be made?
It is not possible to submit a second application on the same subject and for the same reasons. Therefore, it is crucial that the first application is prepared correctly, completely and strategically.
What happens if the European Court of Human Rights rules that there has been a violation?
If the court finds a violation, the state must comply with the decision. As a result of the decision, material and moral compensation may be paid, a retrial may be held, or structural changes may be brought to the agenda.
Is it mandatory to work with a European Court of Human Rights lawyer?
It is not mandatory but is strongly recommended. ECHR applications are technical and procedural. A minor error can result in the application being rejected outright. Therefore, working with an expert solicitor significantly increases the chances of success.
What services does Esra Aslan offer in relation to applications to the European Court of Human Rights?
Solicitor Esra Aslan conducts preliminary assessments of applications to the European Court of Human Rights, analyses allegations of violations, prepares the application file and monitors the entire process on behalf of the applicant. She also provides legal advisory services prior to the application.