Legal disputes have ceased to come to a close in the mere conclusion of a case within its specific branch of law. Almost every legal dispute contains a claim concerning a violation of a fundamental right or freedom. Hence, upon the exhaustion of its administrative and judicial remedies, a case may often convert into a new judicial process at the national and international human rights courts.
Human Rights and Individual Applications
Next to the right of individual application to the European Court of Human Rights (ECtHR), instituted in Turkey in 1987, with the constitutional amendment in 2010, the Turkish Constitutional Court was authorized to receive individual applications as of 23/09/2012 in line with the rights and procedures granted by the European Convention of Human Rights (ECHR). Persons and legal entities in claim of human rights violations may therefore initiate a new judicial process at the Turkish Constitutional Court and the ECtHR, which may result in a judgement that imposes on the government the obligation to put an end to a violation, to make reparations to it, or to avoid similar violations.
Claim Your Human Rights Violations Before the Human Rights
The Meri Law team gives particular importance to the exhaustion of all available remedies in human rights violation cases. Our lawyers have, in the course of time, acquired considerable expertise and experience in filing the most adequate and effective individual applications at the Turkish Constitutional Court and ECtHR. As a matter of fact, many of the most material human rights applications filed at the Turkish Constitutional Court and the ECtHR throughout the preceding years have been prepared by the partners and consultants of our firm. Applications may present rather customary human rights violations such as claims of torture, wrongful detention, or detainment conditions that surpass the minimum threshold, the violation of the right to property through a tax penalty or an act of expropriation, or the violation of the freedom of expression through the non-judicial punishment of a public official. In those cases where there exist reasons for the prioritization of an application, we take the necessary steps to secure the prioritization process of your application at the ECtHR.,
Seek Redress Against the Violation of Your Property Rights
However, our team stands particularly out for its expertise and experience in such cases concerning the violation of property rights that involve the governmental confiscation of and nomination of trustees to companies operating in Turkey. Legal guidance in such cases involves the specific individual applications at the Turkish Constitutional Court and the ECtHR. Yet, the case can also require to be taken to the respective international arbitral institutions and arbitrary courts, where claims are found to be eligible for redresses of this sort. Thanks to the interdisciplinary collaboration of the partners of our team and the service of a team of financial experts, we are privileged to provide the optimal protection and reparation in case of these and other breaches of your fundamental rights.
Exhaustion of Domestic Remedies
The admissibility of human rights violation claims before the ECtHR is contingent upon the exhaustion of domestic remedies. The domestic remedies that ought to be exhausted in each case vary according to the claims of each specific human rights violation. At the outset, all human rights applications at the ECtHR, which have at its subject claims against the Turkish Government, call for a previous application at the Turkish Constitutional Court, either to be rejected per final judgement or to remain unanswered for a reasonable period of time. Our partners’ profound expertise and effective collaboration, have hitherto qualified us to provide our clients unique and unmatched guidance and services in the exhaustion of the respective domestic remedies that concern the violations of your fundamental rights.