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SUCCESSFULLY COMPLETE ECHR APPLICATION PROCESS WITH İDENOVA LAW FIRM
With offices in Turkey and Strasbourg, İdenova Law Office provides professional guidance in applications to the European Court of Human Rights (ECHR) and defends the rights of its clients in the most effective way. One of the founders of our office, Assoc. Prof. Dr. Ümit KILINÇ, who served as an expert jurist at the ECtHR for five years and with his in-depth knowledge of European Human Rights law, is at your disposal at every stage of your application process. In addition, he is a lecturer at the Faculty of Law of the University of Strasbourg and has many academic publications in English, French and Turkish. Assoc. Prof. Dr. KILINÇ works with a team specialized in European, French and Turkish law.
İdenova Law Office successfully serves its clients with the following steps in the ECHR application process:
1. Evaluation of Application Requirements - First Stage
The first step of the application process is to assess whether the case can be brought before the ECtHR. Domestic remedies in Turkey must have been exhausted and the alleged violation must be contrary to the European Convention on Human Rights. İDENOVA LAW OFFICE carefully examines whether these conditions are met and provides you with legal advice on the chances of winning if your case is brought before the ECHR.
2. Preparation of the Application and filing a case at the ECtHR
If the applicant requests to bring his/her case before the ECtHR, IDENOVA LAW prepares the application petition in accordance with the standards set by the ECtHR (Rule 47) after examining the file in detail. Our lawyers prepare a strong file by presenting the final decisions of the local court and the violations experienced by the applicant in detail. İDENOVA LAW Office's Strasbourg office ensures that applications are quickly and accurately submitted to the ECHR and followed up.
3. Follow-up of the ECHR Application Process
Once the application has been submitted to the ECHR, our client will be regularly informed at every stage of the process. Our office is actively involved in the acceptance or rejection of the application by the ECtHR, the appeal process, the review of the judgment and the provision of the necessary documents for the appeal.
4. Follow-up to ECtHR Judgments and proper implementation of ECtHR judgments
The judgments of the ECtHR are binding on each state party. If the ECtHR finds that the applicant country has acted in violation of the European Convention on Human Rights, the courts or the government of the country concerned are obliged to implement the judgments. İDENOVA LAW OFFICE monitors the effective implementation of ECtHR judgments and takes the necessary steps to ensure that the rights of its clients are fully realized. In particular, it takes initiatives before the Committee of Ministers of the Council of Europe, which oversees the implementation of ECtHR judgments, and contributes to the proper implementation of the ECtHR judgment by the state party.
5. Precautionary Measure Applications and request for priority review
In the event of gross violations of human rights and irreparable and irreparable damage, IDENOVA LAW may apply for an interim measure before the ECtHR (Article 39 of the Rules of Court). It may also request that the case be dealt with on a priority basis (Article 41 of the Rules of Court). With this application for an interim measure and the request for a priority review of the application, our law firm aims to effectively protect the rights of its client by trying to prevent serious human rights violations from occurring.
Strong Legal Support in Europe and Turkey
Our office in Strasbourg offers specialized expertise for applications to the ECtHR, while our office in Turkey provides full support to clients in preventing loss of rights in domestic law and bringing applications into compliance with the requirements. With a team familiar with the European legal system and a strong local network, we are committed to providing you with the best legal service in the ECHR application process.
İDENOVA LAW OFFICE is at your side with its experienced and expert staff during the application process to the European Court of Human Rights.
ADMISSIBILITY CRITERIA: HOW AND WHEN CAN AN APPLICATION BE LODGED WITH THE ECHR?
As is well known, the European Court of Human Rights (ECtHR) is an international judicial body to which every individual can appeal against human rights violations occurring in the member states of the Council of Europe (46 member states). There are certain requirements and procedures for applying to the ECtHR.
1. Terms of Application - Articles 34 and 35 of the Convention
1.1. Exhaustion of Domestic Remedies
Before applying to the ECtHR, the domestic remedies of the applicant country must have been exhausted. That is, the applicant must have exhausted all remedies available before domestic courts.
1.2. Time limite to lodge an application
The application must be lodged within 4 months of the final decision of the domestic court.
1.3. Human Rights Violation falls under the category of rights protected by the Convention
The right complained of in an application to the ECtHR must be a right that is protected and provided for in the European Convention on Human Rights. This does not include, for example, the right to work. Furthermore, the right complained of must be within the jurisdiction of the ECtHR in terms of time and place. In other words, as a rule, the violation must have been committed in the territory of the state party (the exception being the effective control of the state party over the territory of a non-party state) and the state party must have accepted the jurisdiction of the court at that time.
Morever,
-the application has not been submitted to another international body,
-the applicant's status as a victim,
-where the applicant is an institution, there is no hierarchical link between it and the State complained of (e.g. municipalities or village legal entities),
-the application has not been examined before,
-the applicant has suffered significant damage,
-and that the application is not unfounded
is required.
2. Application Process
2.1. Preparation and Submission of the Application to the ECtHR
İDENOVA LAW starts by analyzing the case and determining the chances of winning the case before the ECtHR. We investigate the points that may be overlooked by the applicant but may be in violation of the European Convention on Human Rights and share our analysis with the client. She then prepares the application form and its annexes in accordance with the ECHR procedural rules and submits them to the client. After the client's approval, İDENOVA LAW opens the case before the ECHR.
2.2. Receipt, Review and Recording of Application
Upon receipt, the ECtHR registers the application and assigns a registration number to the file. It then examines whether the application complies with Article 47 of the Rules of Procedure. Article 47 applications are administratively rejected and the applicant is notified of this rejection. Within the 4-month period, the applicant may submit a new application. If the administrative rejection is issued after the 4-month deadline, there is a possibility that the applicant's new application will be rejected for failure to comply with the 4-month deadline.
The application filed in accordance with Article 47 of the Rules of Procedure is then sent to the filter section for examination of the admissibility criteria. If the application is clearly inadmissible, a report is sent to the single-judge chamber and the case is dismissed. The decisions of the single-judge panel are final and cannot be challenged before the Grand Chamber. However, if the case is found to be serious and there has been a violation, the case is registered and the registration letter is sent to the applicant or his/her representative. The case is then placed on the court's agenda in due course.
2.3. ECtHR Judgment
The ECtHR considers the application on its merits and, if it finds a violation, convicts the applicant state. It shall also award pecuniary and non-pecuniary damages and costs of the proceedings in accordance with Article 41 of the Convention. If necessary, it may also order the release of the applicant or the renewal of the proceedings. If the ECtHR's judgment is delivered by a 3-judge Committee, it is final and not subject to appeal before the Grand Chamber. A copy of the judgment is therefore sent to the Committee of Ministers of the Council of Europe for execution.
However, if the decision is made by the 7-judge Chambers, it can be appealed before the Grand Chamber. Decisions of the 17-judge Grand Chamber are final. These decisions are sent to the Committee of Ministers for execution upon finalization.
Final judgments of the ECtHR are binding on States Parties and must be implemented in domestic law.
WHY SHOULD YOU CHOOSE US IN THE APPLICATION PROCESS?
LAW FIRM FAMILIAR WITH THE ECHR KITCHEN
LAW FIRM ACTIVE AT THE UNIVERSITY IN THE FIELD OF ECHR AND INTERNATIONAL LAW
INTERNATIONAL LAW FIRM FAMILIAR WITH EUROPEAN, TURKISH AND FRENCH LAW
The European Court of Human Rights (ECHR) and the Council of Europe are located in Strasbourg, France, where we have our law office. Assoc. Prof. Dr. Ümit KILINÇ served as an expert jurist at the European Court of Human Rights for 5 years.
Assoc. Prof. Dr. Ümit KILINÇ worked as a lecturer/assistant professor in the Department of Public Law at the University of Reunion, France in 2012-2013. Since 2013, he has been teaching undergraduate and graduate courses as a lecturer at the University of Strasbourg Faculty of Law and has many publications in Turkish, French and English.
Assoc. Prof. Dr. Ümit KILINÇ is a member of both the Strasbourg Bar Association of France and the Istanbul Bar Association. Thanks to his academic studies and his experience as a lawyer, he is fully familiar with European Law, French Law and Turkish Law. A more effective and comprehensive service is provided through our offices in Strasbourg and Istanbul.
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