A significant majority of cases submitted to the Constitutional Court of Turkey and the European Court of Human Rights (ECtHR) are deemed inadmissible. This outcome is influenced by various factors. At times, even seemingly minor errors—such as failing to sign documents or using incorrect forms—can lead to disastrous consequences. However, beyond such procedural mishaps, we frequently encounter recurring fundamental issues that result in dismissals.
These issues can be summarized under two major headings:
- Misunderstanding the Special Nature of the Individual Application Process
The individual application process before the Constitutional Court and the ECtHR is uniquely distinct from domestic legal procedures. Unfortunately, many applicants fail to grasp this distinction. A common error involves the mere repetition of petitions previously submitted to domestic appeal courts. It is crucial to understand that neither the Constitutional Court nor the ECtHR serves as an appeal court. Arguments that might be valid in appeal courts often hold no weight in these higher courts.
For example, in a domestic criminal appeal, one might argue that the punishment was excessively severe or that certain mitigating circumstances were overlooked. However, before the Constitutional Court or the ECtHR, the focus shifts entirely to procedural rights. Applicants must demonstrate how specific procedural guarantees under the European Convention on Human Rights (ECHR) were violated.
If your arguments are not explicitly tied to the procedural rights protected by the ECHR, they will fail to resonate with these courts. Simply reiterating arguments from domestic appeals without linking them to the ECHR is a critical mistake, and it frequently results in cases being dismissed.
- Failing to Address Fundamental Rights During Domestic Proceedings
The second major error is equally detrimental: failing to raise the issues you plan to present to the Constitutional Court or the ECtHR during domestic proceedings.
While the domestic legal process—comprising first-instance courts and appeals—is distinct from the individual application process, these two stages are intrinsically connected. You cannot raise arguments in an individual application that were not already raised during domestic proceedings.
If there is even a remote possibility that your case may be taken to the Constitutional Court or the ECtHR, it is imperative to raise all relevant fundamental rights issues at the domestic level. Otherwise, your case risks being dismissed on procedural grounds, as these courts cannot consider matters that have not been exhausted domestically.
Conclusion
In my experience, many cases are submitted prematurely to the Constitutional Court and the ECtHR, often as a result of these two critical mistakes. As a result, a significant number of cases are declared inadmissible or ultimately dismissed.
To avoid these pitfalls, applicants must understand the unique nature of the individual application process and ensure that their arguments are firmly grounded in the substantial and procedural guarantees of the ECHR. Additionally, it is vital to address all fundamental issues during domestic proceedings to establish a solid foundation for any subsequent individual application.
By taking these steps, we can significantly improve the chances of success in cases brought before the Constitutional Court of Turkey and the European Court of Human Rights.
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