How to Apply to the European Court of Human Rights (ECHR): A Practical Legal Guide

Foreign nationals and Turkish citizens alike may occasionally find that their fundamental rights, as protected by international agreements, have been violated by public authorities.

One of the most powerful tools for pursuing justice in such cases is an application to the European Court of Human Rights (ECHR). This blog will walk you through the essential requirements, procedures, and practical steps of filing an application before the ECHR.

Who Can Apply to the European Court of Human Rights?

Anyone can apply to the European Court of Human Rights if they believe their rights under the European Convention on Human Rights or its Protocols have been violated.

This includes individuals, non-governmental organizations, or groups of people. The only condition is that the violation must have been committed by a country that has agreed to follow the Convention. Türkiye is one of the countries that has signed and approved it.

What Are the Main Conditions for Application?

Under Article 35 of the Convention, applicants must fulfill the following essential conditions:

• Exhaustion of domestic remedies: The applicant must first pursue all available legal remedies within their own country.

• Time limit: The application must be submitted within four months of the final decision in domestic courts.

• Uniqueness: The matter must not be identical to one previously examined by the ECHR or any other international legal body unless new and relevant elements have emerged.

• Direct filing: Applications must be submitted directly to the Court; they cannot be transmitted through any governmental authority.

What Information Should Be Included in an Application?

According to Rule 47 of the ECHR Rules of Court, an application must contain the following:

1. Full identity details of the applicant (name, date of birth, nationality, gender, profession, and address)

2. Details of any representative (lawyer or legal advisor)

3. Identification of the respondent state

4. Summary of the facts

5. A concise explanation of the rights violated and supporting evidence

6. Confirmation that admissibility requirements have been met

7. The type of compensation sought under Article 41

8. Copies of all relevant documents, especially domestic court decisions

📄 A sample application form is available from the ECHR and must be submitted in writing.

Can I Keep My Identity Confidential?

Yes, but with conditions. While anonymous applications are not accepted, an applicant may request anonymity. This request must include valid and justified reasons. The President of the Section will decide whether the anonymity request is granted.

Do I Need to Write My Application in English or French?

No. The initial application can be submitted in any language. However, if the application is accepted, the subsequent proceedings and correspondence must be conducted in either English or French—the Court’s official languages.

Is Legal Representation Mandatory?

Applicants may file the application themselves. However, if the application is deemed admissible and proceeds to the next stage, legal representation becomes mandatory. Applicants without legal expertise are strongly encouraged to seek legal advice from the beginning.

What If I Cannot Afford a Lawyer?

Legal aid may be granted by the Court under Rule 91 if the following conditions are met:

1. Legal aid is necessary for the proper conduct of the case.

2. The applicant lacks sufficient financial resources.

Applicants may also apply for legal aid from their local Bar Association in Türkiye. After reviewing the financial situation, the Bar may appoint a lawyer free of charge.

How Are Compensation Awards Paid?

Once the Court's decision becomes final, the awarded compensation must be paid within three months. Payment is handled by the Turkish government, which contacts the applicant for the necessary documentation before disbursement.

Will the Ministry of Justice Respond to My Release Request?

No. Requests related to criminal detention, including release (tahliye), are judicial decisions made by independent courts. The Ministry cannot interfere with such matters, even if contacted directly.

How Can I Track the Status of My Application?

Once submitted, the Registry of the ECHR will contact the applicant with a case number. Any correspondence will be made via mail, telephone, or other channels. You can also check decisions and judgments of the Court through:

• HUDOC database

• Ministry of Justice’s Human Rights site

Additional Guidelines and Technical Instructions

In addition to legal and procedural requirements, the Court has published a Practical Guide for Applications that outlines formatting rules, page limits, font size, and documentation standards. These must be strictly followed. For instance:

• All forms must be signed.

• Faxed applications must be followed by original documents within four months.

• Each applicant or group must complete a separate form, even for multiple applications.

• The Court will not accept symbolic initials as a substitute for full identity unless anonymity is officially granted.

Final Thoughts

While applying to the ECHR is a right protected under international law, the process is highly formal and requires legal and procedural precision.

If you believe your rights under the Convention have been violated, seeking professional legal counsel is essential to ensure your application is not rejected on technical grounds.

At Bayraktar Attorneys, we are experienced in handling international human rights cases and ECHR applications. Contact us today for a legal consultation if you are considering filing a case before the European Court of Human Rights.