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The Application Time-Limit to The European Court Of Human Rights Is Now 4 Months

The Application Time-Limit to The European Court Of Human Rights Is Now 4 Months

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Pursuant to the Protocol No. 15 amending the European Convention on Human Rights ["ECHR / Convention"], the time-limit for the application to the European Court of Human Rights ["ECtHR"] was reduced from 6 months to 4 months, effective as of February 1, 2022. Accordingly, once remedies available as per domestic laws are exhausted, the application should be filed with the ECtHR within 4 months following the final court judgment. Having said that if the court decision was adopted before February 1, 2022, the ECtHR application based on this decision will still be subject to 6-month time-limit.

General Application Procedure to ECHR

Any natural person or legal entities, non-governmental organization or association, or de facto community without legal personality who claims to be a victim of a violation of the rights specified in the Convention and/or Amending Protocols – e.g., right to a fair trial, freedom of expression, and so on - by one of the ECHR parties can apply to the ECtHR with regard to such violation.

In order for the ECtHR not to declare the application inadmissible in the first examination, as a rule, ordinary domestic remedies must be exhausted, and the application must be filed within 4 months following the finalization date. The application is filed directly by the person who alleges the violation or their representative, to the ECtHR "Cour Européenne des Droits de L'Homme, Conseil de L'Europe, F-67075 Strasbourg-Cedex/FRANCE, Telephone: 33(0)3 88 41 20 18, Fax: 33 (0)3 88 41 27 30".

In principle, ECtHR decisions cannot overturn or correct domestic court decisions. In general, the Court does not have the authority to intervene directly with the ECHR parties. In fact, Turkey, which is a party state pursuant to Article 90 of Act No. 2709, the Constitution of the Republic of Turkey, is obliged to implement the decisions of the ECtHR. States that do not comply with the decisions may face sanctions both at the Council of Europe and other international platforms. In fact, termination of the membership to the Council of Europe may be on the agenda.

In case the applicant is awarded a compensation, they should request compensation by sending a petition to the Human Rights Department of the Ministry of Justice. Then the relevant amount is deposited into the applicant's bank account within 3 months.

By Zahide Altunbas Sancak, Partner, and Baris Ulker, Senior Associate, Guleryuz & Partners

Guleryuz Partners at a Glance

We are Güleryüz Partners, an Istanbul based law firm, offering high-quality legal services to domestic and multinational clients.

Our team consists of energetic young professionals who are led by talented partners with strong academic backgrounds at prestigious universities in the USA, UK, and Germany, coupled with vast market experience exceeding a decade at top tier Turkish law firms. All our associates are fluent in English and provide legal advice in additional languages such as German and French.

Our practice ranges from complex disputes to sophisticated M&A and finance transactions. We provide niche legal services in a wide range of legal areas such as litigation and dispute resolution, local and cross border M&As, banking, finance and capital markets, venture capital investments and start-ups, and compliance and corporate governance (including data privacy, anti-corruption and white-collar crime, AML, and sanctions).

We value strong communication and information flow among our departments for the perfection of our legal services. This interdepartmental coordination enables us to take a more client-centric approach and to better understand and cater for the client needs. Our business perspective goes beyond providing excellent legal advice to our clients; we also collaborate with them as their business partners and offer them the entire legal ecosystem that they can thrive their business.  

As Güleryüz Partners, we heavily invest in our pro bono projects in Turkiye and work together with institutions, foundations, and other organizations to provide legal advice to the persons in need of help, while acknowledging the high costs usually associated with high quality legal services limit the access to justice for many people.

We also pride ourselves on fostering and promoting a diverse, equitable and inclusive work environment where every individual feels valued and respected.

For further information, you may visit our website at www.guleryuz.av.tr.