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What is the European Convention on Human Rights? When was it signed and when did it enter into force?

What is the European Convention on Human Rights? When was it signed and when did it enter into force? What are the protocols?

When was the European Convention on Human Rights signed?

When did the European Convention on Human Rights enter into force?

Can everyone apply to the European Court of Human Rights?

What are the conditions for applying to the European Court of Human Rights?

What are the formal requirements for an application to the European Court of Human Rights?

Can identity information be kept confidential in an application to the European Court of Human Rights?

Must the petition sent to the European Court of Human Rights be in English or French?

Is it mandatory for me to apply to the European Court of Human Rights through a lawyer?

I do not have a lawyer and I cannot express myself legally/ I want to receive legal aid. Will the Court assign me a lawyer/ provide legal aid?

How are the compensations awarded by the European Court of Human Rights paid?

Are petitions requesting release addressed to the Department of Human Rights taken into consideration?

How can I be informed about the status of my application to the ECHR? How can I obtain the Turkish translation of the decision rendered by the ECHR?

Can everyone apply to the European Court of Human Rights?

Anyone who believes that their rights set forth in the Convention and its Additional Protocols have been violated by one of the countries that have signed the European Convention on Human Rights has the right to apply to the Court.

2- What are the conditions for applying to the European Court of Human Rights?

According to Article 35 of the ECHR, the applicant must exhaust domestic remedies and apply to the Court within 6 months from the date of the final decision. Furthermore, according to the same article, anonymous applications and applications that are substantially the same as a matter that has already been examined by the Court or any other international body of investigation or settlement and contains no new information are rejected; the application must be made directly to the Court. Click for detailed information.

3- What are the formal requirements for an application to the European Court of Human Rights?

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

a) The name, date of birth, nationality, sex, occupation and address of the applicant; b) The name, occupation and address of the representative, if any; c) The name of the High Contracting Party or Parties against which the application is made; d) A concise statement of the facts; e) A concise statement of the alleged violation(s) of the Convention and relevant arguments; f) A concise statement of compliance with the admissibility criteria laid down in Article 35/1 of the Convention; g) The object of the application and a brief statement of the just satisfaction sought by the applicant under Article 41 of the Convention; h) Copies of all relevant documents and in particular, judgments and other decisions relating to the subject of the application.

A sample application form is attached.

Applications to be made under the European Convention on Human Rights and additional submissions regarding the application must be sent directly by the applicant or their representative, without the intervention of any national official authority, to the address of the European Court of Human Rights: "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".

4- Can identity information be kept confidential in an application to the European Court of Human Rights?

As previously stated, anonymous applications are not accepted. However, according to Rule 47/3 of the Rules of Court, an applicant who does not wish their identity to be disclosed should so state and submit a reasoned request for the non-disclosure of their identity. If the President of the Section finds the reasons justified, they may decide to keep the applicant's name confidential.

5- Must the petition sent to the European Court of Human Rights be in English or French?

The language used in the application to the Court is not important. Everyone has the right to apply in their own language. However, in the stages following the application, it is necessary to choose one of the official languages of the Court, English or French, and conduct correspondence in that language.

6- Is it mandatory for me to apply to the European Court of Human Rights through a lawyer?

It is possible to apply to the Court in person. However, it is mandatory to benefit from legal assistance in the process following the admissibility of the application.

7- I do not have a lawyer and I cannot express myself legally/ I want to receive legal aid. Will the Court assign me a lawyer/ provide legal aid?

According to Rule 91 of the Rules of Court, after the respondent State has submitted its written observations on the admissibility of the application, or after the time limit for doing so has expired, the President of the Section may decide to grant legal aid to the applicant either at the request of the applicant or of their own motion. For this, according to the same rule, the following conditions must be met;

1- Granting legal aid must be necessary for the proper conduct of the case.

2- The applicant must not have sufficient means to meet all or part of the costs they are required to bear.

If the President of the Section hearing the case is convinced that these two conditions are met, a legal aid decision may be made.

Legal aid continues if the case is referred to the Grand Chamber.

In addition, in our country, applications can be made to Bar Associations to benefit from legal aid, and if it is understood after the investigation to be carried out by the Bar Association that the necessary conditions are met, legal aid can be utilized. For this, you can apply to the Bar Association in your province to learn about the necessary conditions.

8- How are the compensations awarded by the European Court of Human Rights paid?

Within 3 months after the decision becomes final, our Department contacts the relevant person for the payment of the compensation, and the payment is made after the necessary documents are received.

9- Are petitions requesting release addressed to the Department of Human Rights taken into consideration?

Since procedures such as arrest and release are judicial decisions taken by independent courts within the scope of the exercise of judicial power, our Ministry does not have the authority to take any action regarding a release request when such a request is made.

10- How can I be informed about the status of my application to the ECHR? How can I obtain the Turkish translation of the decision rendered by the ECHR?

Article 35, paragraph 1 of the European Convention on Human Rights, which regulates the admissibility criteria for applications, states: "The Court may only deal with the matter after all domestic remedies have been exhausted, according to the generally recognized rules of international law, and within a period of six months from the date on which the final decision was taken." After an application is made, the experts of the ECHR Secretariat contact the applicant by letter, telephone, or other means to inform them that the application has been registered and to provide the registration number; they may request additional information and documents, and if there is a deficiency in the petition, it is notified to the relevant person. The applicant can personally contact the court through the addresses and telephone numbers mentioned above. The results of ECHR decisions can be tracked by entering the application number in the search button. Decisions rendered by the ECHR have been translated by our Department since March 1, 2012, and it is possible to access the translated decision texts at the address [URL].

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