What Is The European Court Of Human Rights (ECHR)?
What is the European Court of Human Rights (ECHR)?
The European Court of Human Rights is an international judicial body established in 1959 to protect certain fundamental rights and freedoms. The European Convention on Human Rights (ECHR) regulates the rights and freedoms protected by the court’s jurisdiction. The ECHR is the most fundamental human rights document that defines both the right of individual application and the limits of the ECHR’s jurisdiction.
In order to apply to the European Court of Human Rights, all ordinary domestic legal remedies must have been exhausted. Even if all domestic legal remedies have not been exhausted at the time of application, the application will still be examined if the domestic legal remedies have been exhausted after the application has been made, up to the date on which the ECHR decides on the individual application.
Applications to the ECHR are made using the “ECHR Individual Application Form.” The application form must be completed in accordance with the procedure, otherwise the application may be rejected on procedural grounds.
Who can apply to the European Court of Human Rights (ECHR)?
According to the provisions of the European Convention on Human Rights, the following natural or legal persons and communities have the right to make an individual application to the ECHR:
States that believe that a right protected by the Convention (ECHR) has been violated by another contracting state
have the right to apply to the ECHR.
Individuals who believe that their rights protected by the Convention have been violated have the right to make an individual application.
Private legal entities have the right to apply.
Applications on behalf of children must be made by their mother or father, depending on their legal status.
Non-governmental organizations and groups of individuals have the right to apply to the ECHR. Religious communities, trade unions, political parties, associations, and de facto communities that are not legal entities but are united by a common interest and believe that one of the rights defined in the Convention has been violated have the right to apply to the ECHR. Non-governmental organizations and groups may only file an application on behalf of the organization or group that has suffered harm. Non-governmental organizations or communities may not file an application on behalf of individual members of the organization or group who have suffered harm.
If the individual applicant dies during the application process, their heirs may continue the application by submitting a certificate of inheritance.
It is not mandatory for the application to be made by a lawyer. However, after the admissibility decision is made, the court requires the application to be conducted through a lawyer. Therefore, in order to avoid any problems that may arise and to prevent the application from being rejected for purely formal reasons, it is beneficial for the application to be made and conducted by a lawyer from the outset.
Time Limit and Method of Application to the European Court of Human Rights (ECHR)
The time limit for applying to the ECHR is six months from the date on which domestic legal remedies have been exhausted or the violation of rights has occurred.
The official languages used by the ECHR are French or English. However, the initial application may also be made in the official language of the contracting state. For example, a citizen living in Turkey may fill out the individual application form in Turkish. It is not necessary to translate the documents to be attached.
After a decision on the admissibility of the individual application has been made, the application is forwarded to the government of the state against which the application was made for its opinion. After the application is communicated to the government, correspondence must generally be conducted in English or French. However, at this stage, the applicant may continue to correspond in the official language of the contracting state with the permission of the court president. However, letters and decisions sent to the applicant by the court will be in English or French.
In order to apply to the ECtHR, the application form prepared by the court must be completed and signed, and if the application is made through a representative, the power of attorney prepared by the court must be signed by the applicant and the representative, and the documents and court decisions to be attached must be numbered in chronological order and attached to the form. A copy of the applicant’s identity document must also be attached to the application. The application form and other documents must be placed in an envelope without being stapled, punched, or attached to a file or folder. Individual applications and attachments must be sent by registered mail with return receipt requested to the following address of the ECHR:
ECHR Postal Address: European Court of Human Rights, Council of Europe, 67075 Strasbourg Cedex – FRANCE
ECHR Review and Decision Process
Once the individual application has been received by the ECHR, the applicant will receive a letter confirming that the application has been received and registered. If there are any deficiencies in the application, the applicant may be asked to remedy them.
In its initial review, the ECtHR may decide that an individual application is inadmissible on the grounds that the domestic legal remedies have not been exhausted, the subject matter of the application is insignificant, the application is unfounded, or for any other reason determined by the court. Decisions of inadmissibility issued by the ECtHR are final.
If no inadmissibility decision is issued after the initial review of the application, depending on the subject matter and importance of the case, the parties are often asked for their views on the amicable settlement of the case by sending a “DECLARATION” to both parties, i.e., both the applicant and the government of the contracting state. If the parties send the court a letter stating that they accept the declaration, along with the signed declaration, the court will conclude the application by deciding that the contracting state should pay the applicant the amount of compensation specified in the declaration. If the parties do not accept the declaration, they must send the court a letter stating the reasons for their refusal to accept the declaration.
The name and number of the application must be written on the letters sent to the ECtHR, and in case of loss, they must be sent by registered mail with return receipt. A copy of the letter and documents sent to the ECtHR must be kept in the applicant’s own file.
If the case cannot be resolved through amicable settlement, the ECHR, in its admissibility decision, informs the relevant government of the application, indicating which provisions of the Convention may have been violated based on the content of the application, and requests the contracting government’s response on the matter.
After receiving the government’s responses, the ECHR sends these responses to the applicant in an annex to a letter and requests that the applicant submit their responses to the government’s answers, claims for compensation, expenses incurred for the application, and the legal fees they will claim by the date specified in the letter at the latest. Documents related to the compensation, expenses, and attorney’s fees requested must also be submitted. If attorney’s fees are requested, the ECHR requires a copy of the freelance invoice to be submitted. Otherwise, it does not pay attorney’s fees or determines a generally low amount that it deems appropriate. A copy of the documents to be submitted is sufficient.
One of the common mistakes made in ECHR applications is as follows:
The applicant writes the amount of compensation they are requesting in the application form and, thinking that they have already written it in the application form, does not make another request in this regard in the response petition that must be sent later, i.e., after the government’s responses have been received. The ECHR does not take into account the compensation amounts written in the application form. It requires that the amounts of material and moral compensation be rewritten in the response to the government’s answers. Therefore, even if the amount of compensation requested is written in the application form, at the stage when the government’s responses have been received and requests for fair compensation are made, the requested amounts of material and moral compensation must be rewritten, and documents related to attorney’s fees and expenses must be submitted. Otherwise, even if the court issues a violation decision, no compensation will be awarded. Essentially, it is sufficient to state in the request section of the application form that the violations mentioned in the application form have been identified and that compensation for the material and moral damages suffered as a result of the violation is sought.
Urgent Application and Request for Interim Measures to the European Court of Human Rights (ECHR)
If there is a risk of violation of the right to life and the prohibition of torture, or if the applicant is to be deported to a country where there is a risk of violation of the right to life and the prohibition of torture, it is possible to make an urgent application and request interim measures. In such cases, the court requests information from the government by notifying it of the application as soon as possible. If deemed necessary, the ECHR may issue a provisional measure decision to prevent the violation and request the relevant government to implement the measures taken.