Individual applications to the Constitutional Court and the European Court of Human Rights
Protecting the individual against public power has been one of the main causes of the struggles in the political arena over the last century. However pervasive public power may be, the universality of human rights limits and restricts its influence. Human rights are the greatest ethical criterion of our century. With this sensitivity, which marks the modern century as a turning point for humanity, the level of civilization and technology will bring prosperity and peace along with them.
Supranational oversight mechanisms have been established for human rights, which are a matter of universal concern. By signing and ratifying the European Convention on Human Rights, our country recognizes the jurisdiction of the European Court of Human Rights. ECtHR judgments are binding precedents within the hierarchy of norms.
Over time, in response to the need for an effective remedy for individual rights violations, amendments to our Constitution opened the way to filing individual applications with the Constitutional Court. As a result of this change, individuals who allege a rights violation must first file an individual application with the Constitutional Court before going to the ECtHR.
Our Constitutional Court has issued decisions, often of a nature to serve as precedent in criminal proceedings, particularly concerning the right to life, the right to liberty and security of person, the right to a fair trial, freedom of expression and thought, freedom of the press, freedom of assembly and association, and the right to property. Some of its decisions give individual rights far greater priority than even ECtHR case law does.
Situations in which an individual rights violation may be claimed:
Existence of a violation: Individuals may file a violation application where their own interests have been personally violated. The violation must be clear, concrete and tangible, and must infringe the individual's rights. There must be a violation of the rights set out in our Constitution and the European Convention on Human Rights, some of which are listed above. In its judgments on violations of the right to a fair trial, the ECtHR requires that a civil right of the individual has been violated.
Exhaustion of domestic remedies: Domestic remedies must be exhausted before applying to the Constitutional Court. Applications to courts or objection authorities against an act or action must be exhausted by pursuing all avenues of appeal prescribed by law. For the ECtHR, domestic remedies must be exhausted by applying to the Constitutional Court.
Time limits: The most important point to observe in applications is that they must be filed on time. The time limit for applying to our Constitutional Court is 30 days after domestic remedies have been exhausted. Applications not filed within 30 days are found “inadmissible for non-compliance with the time limit.” For the ECtHR, domestic remedies must be exhausted by applying to the Constitutional Court. The application must be filed within “4 months” of service of the Constitutional Court's decision. It is sufficient for the application to be posted within 4 months. If delays are based on reasonable grounds, they are assessed on a case-by-case basis.
Payment of the required fee: Applications to the Constitutional Court may be filed by individuals and their attorneys. After the individual application fee is paid at the cashier's office of any courthouse, the application form and its annexes can be submitted with the receipt through the registry of the duty court.
ECtHR applications are filed by post. There is no fee for applying to the ECtHR.
The required forms for both applications must be completed in full, and the grounds for the rights violations must be explained effectively and concisely.
Our office, which specializes in the legal procedures for individual applications to the Constitutional Court and the European Court of Human Rights, currently has individual applications pending before the European Court of Human Rights.