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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

Güleryüz & Partners Attorneys at Law is an Istanbul based law firm offering a broad scope of high-quality legal services to domestic and multinational clients across a wide range of regulated and non-regulated industries. The Firm is comprised of energetic young professionals, led by experienced lawyers with a proven track record of working in the most demanding environments possible. Our team has comprehensive experience in serving clients in connection with a full breadth of Turkish law matters including Litigation & Dispute Resolution, M&A, Wealth Management & Family Businesses, General Corporate & Contract Law, Real Estate & Construction, Enforcement and Bankruptcy Proceedings, Labor Law, Administrative Law, and Anti-Corruption & White-Collar Crimes. 

Our core business culture is centered on integrity, dedication to clients’ needs, and excellence of legal advice and services. Therefore, our primary objective is to ensure the most personalized and reliable legal service for our clients. In pursuit of this objective, the international academic backgrounds of our partners at prestigious universities in USA, UK and Germany coupled with more than ten years of past experience at top tier Turkish law firms enhances the visionary practice of the Firm.

We blend our practical expertise with our outstanding grasp of legal theory in order to provide our clients with legal services of unmatched quality. Our clients range from multinational companies where we provide a level of attention normally only expected from in-house counsels in order to timely manage every aspect of the clients’ legal needs, to individuals for whom we make their objectives ours in order to provide comfort and ease of life. While we always put client service above all, we are proud to be on a quest to make reliable legal information available for everyone. Hence, we are constantly authoring articles on a broad scope of legal topics for respectable publications including Bloomberg Businessweek and the monthly magazine TR Monitor.

While Güleryüz & Partners operates mainly in Turkish and English, we are capable of providing legal services in French, German and Russian as well. The Firm also has an associated office in Ankara.

You can learn more about the Firm at guleryuz.av.tr