How to Apply to the European Court of Human Rights (ECHR): Conditions and Procedure

January 31, 2026 Gökhan Cindemir 0 Comments

The right of individual application to the European Court of Human Rights (ECHR) is guaranteed under the European Convention on Human Rights. Individuals who claim that their fundamental rights have been violated by a State Party may submit an application to the Court after exhausting domestic legal remedies. Türkiye is among the States bound by the Convention, and applicants from Türkiye may exercise this right under the same procedural framework applicable to all Contracting States.

The European Court of Human Rights is not a court of appeal replacing national courts. Its role is limited to determining whether the rights protected under the Convention and its Protocols have been violated. Accordingly, an application to the Court constitutes a subsidiary and exceptional legal remedy that becomes available only after domestic judicial procedures have been completed.

Applications may be lodged by natural persons, legal entities and groups of individuals. The applicant must be directly and personally affected by the alleged violation. Abstract complaints or applications submitted on behalf of third parties are not admissible. The subject matter of the application must concern a right protected by the Convention, such as the right to a fair trial, protection of private and family life, freedom of expression, property rights, liberty and security, or the prohibition of torture and inhuman or degrading treatment.

One of the fundamental admissibility requirements is the exhaustion of domestic remedies. This means that the applicant must pursue all available and effective legal remedies at the national level before applying to the ECHR. In the context of Türkiye, this includes proceedings before ordinary courts and the submission of an individual application to the Constitutional Court. Applications lodged without completing these steps are declared inadmissible.

Another essential condition is compliance with the time limit. The application must be lodged within four months from the date of notification of the final domestic decision. This time limit is strict and of a peremptory nature. The date taken into account by the Court is the postal stamp date indicating when the application was sent to Strasbourg. Failure to respect this deadline results in automatic rejection of the application.

Applications must be submitted using the official application form provided by the Court. The form must be completed in full and accompanied by copies of all relevant supporting documents. Incomplete, unsigned or improperly prepared applications may be rejected without any examination of the merits. Applications must be sent by post to the Court in Strasbourg; electronic or email submissions are not accepted.

Once an application is received, the Court first examines whether it satisfies the admissibility criteria. It assesses whether the time limit has been observed, domestic remedies have been exhausted and the complaint falls within the scope of the Convention. Decisions declaring an application inadmissible are final and cannot be appealed. If the application is declared admissible, the case proceeds to a substantive examination and the respondent State is invited to submit written observations.

Proceedings before the Court are conducted primarily in writing. Oral hearings are held only in exceptional circumstances. If a violation is established, the Court may award just satisfaction in the form of compensation. However, the Court does not annul or overturn national court judgments. Its function is limited to determining whether a breach of the Convention has occurred. The execution of judgments is supervised by the Committee of Ministers of the Council of Europe.

In practice, a significant number of applications are rejected due to procedural deficiencies or failure to meet admissibility requirements. This demonstrates the technical and formal nature of the ECHR application process. Applications must be legally substantiated, supported by evidence and submitted in strict compliance with procedural rules.

In conclusion, an application to the European Court of Human Rights constitutes an important international mechanism for the protection of fundamental rights. Nevertheless, it operates within a highly regulated procedural framework and may only be used after domestic remedies have been exhausted. The ECHR is not an alternative national court but a supranational body ensuring uniform interpretation and protection of human rights throughout Europe. From a Turkish legal perspective, this mechanism serves as a final safeguard for individuals seeking international review of alleged human rights violations.

How to Apply to the European Court of Human Rights (ECHR): Conditions and Procedure was last modified: January 31st, 2026 by Gökhan Cindemir