Individual Application to the Constitutional Court

It is mandatory to exhaust domestic remedies before bringing your case to the European Court Of Human Rights. (ECHR) The Constitutional Court of Turkey (CCT) is the last resort to apply.

What is an individual application to CCT?

An individual application is an exceptional way for whose fundamental rights and freedoms are violated due to the action, or negligence of public power or governmental bodies.

What are fundamental rights that can be subject to the individual application?

• the right to life
• freedom from torture
• freedom from slavery
• the right to liberty
• the right to a fair trial
• the right not to be punished for something that wasn’t against the law at the time
• the right to respect for family and private life
• freedom of thought, conscience and religion
• freedom of expression
• freedom of assembly
• the right to marry and start a family
• the right not to be discriminated against in respect of these rights
• the right to protection of property
• the right to education
• the right to participate in free elections

Can anyone apply?

Any person who claims that one or more of the fundamental rights and freedoms guaranteed in the Constitution have been violated has the right to apply individually.

How can I submit an applicaiton?

It is required to use the PDF application form provided by CTT. Court also provides a guide that gives specific information about the procedure. Please find the link you can download the related documents.

Do I need to pay any fee to apply?

The individual application is subject to a fee. The receipt needs to be submitted with the application form.

Is there a time limit for individual application?

Individual applications must be made within 30 (thirty) days starting from the official service date of the last effective domestic remedy. Applications exceeding this period will be rejected without further examination.

Where can I submit the individual application?

The individual application can be made directly to the Constitutional Court or through other domestic courts or the Turkish embassies abroad.

Can I present my case before the CCT?

CCT may review the applications through the case file and decide to hold a hearing if necessary at the request of the applicant or the Ministry of Justice. But, it is very rare that CCT opens a hearing and discusses the evidence. CCT generally delivers judgment depending on the files submitted by the parties.

Is it possible to appeal CCT rulings?

The decisions regarding the acceptability or merits are final and cannot be challenged.