
Human rights lawyer: ECtHR and UN complaints
ECtHR and UN committee applications from the U.S., usually about Turkey: deadlines, a complete file, and what follows a judgment.
01
Is this the right route?
You can apply to the European Court of Human Rights from the U.S. if your complaint is against a Convention state such as Turkey. You have four months from the final domestic decision. For Turkey that is usually after a Constitutional Court application, which has a 30-day limit. An incomplete form under Rule 47 is not examined. The Court charges no fee. Turkey had 25,500 of 59,300 pending applications on 30 September 2026.
Who it's for People living in the U.S. whose rights were violated by Turkey or another Council of Europe state, after the domestic courts have ruled.
Key requirements
- Four months from the final domestic decision (Article 35 § 1)
- Turkish Constitutional Court first: 30 days (Law 6216, Article 47)
- A complete Rule 47 form, sent by post; incomplete forms are not examined
- Judgments are supervised by the Committee of Ministers (Article 46)
02
How it works
Note the date the final domestic decision was given or served on you; the four months run from it.
Gather every domestic decision and the proof that you raised the complaint in those courts.
Fill in the Court's application form completely, with documents listed in date order and numbered.
Send the signed form by post to the Registrar in Strasbourg; the postmark date counts.
The Court may take about a year for its first examination. Most applications are declared inadmissible without being sent to the government.
If the case is communicated to the government, a 12-week friendly-settlement phase follows, then written observations. A lawyer is needed from this stage.
The Court gives a decision or judgment. A Chamber judgment becomes final after three months unless referral is requested.
The Committee of Ministers supervises execution, including payment of any just satisfaction. In a Turkish criminal case, a retrial can be requested within one year of the judgment becoming final (Code of Criminal Procedure, Article 311).
Typical times
- Turkish Constitutional Court individual application30 days from the last remedy [7]
- ECtHR application4 months from the final domestic decision [1]
- The Court's first examinationCan take about a year, per the Court [4]
- Friendly-settlement phase after communication12 weeks [2]
- Request referral to the Grand Chamber3 months from the Chamber judgment [1]
- Chamber judgment becomes final3 months after the judgment if no referral is requested [1]
- Execution of the judgmentVaries: supervised by the Committee of Ministers, with no fixed time in the Convention [1]
- Retrial request in a Turkish criminal case after a violation1 year from the judgment becoming final [8]
04
ECtHR applications: questions people ask
Can I apply to the European Court of Human Rights from the U.S.?
Yes, you can apply to the European Court of Human Rights from the U.S. if your complaint is against a Convention state such as Turkey, for acts of its authorities. Where you live does not matter. The U.S. cannot be the respondent because it is not a party. Merit Law LLP reviews whether your complaint fits.
How do I file a complaint with the European Court of Human Rights?
To file with the European Court of Human Rights, use the Court's application form and fill in every field: your details, the facts, the violations, admissibility and copies of the decisions. Extra pages may not exceed 20 (Rule 47). An incomplete form is not examined. The Court charges no fee. An attorney can review the form first.
How long do I have to apply to the European Court of Human Rights?
You have four months from the final domestic decision (Article 35 § 1). For Turkey that is usually the Constitutional Court's decision, and that application must be made within 30 days of the last remedy. The date that counts is the postmark of a complete form. An attorney checks your dates.
How long does the European Court of Human Rights take?
The Court says the first examination alone can take about a year, and most applications are declared inadmissible at that stage. Communicated cases take longer. The Court has many cases: 25,500 of 59,300 pending applications concerned Turkey on 30 September 2026. Timing varies by case.
Do I need to go to the Turkish Constitutional Court before the ECtHR?
Usually yes. You must use the domestic remedies that could fix the problem, and for Turkey this usually includes an individual application to the Constitutional Court. It has a 30-day limit from the last remedy and carries a court fee (Law 6216, Art. 47). Each case differs.
05
Who handles your case
We check the dates and the remedies used, choose between the ECtHR and a UN committee, prepare a complete application, and follow execution after a judgment, with colleagues licensed in Turkey (Istanbul Bar) on the Turkish side.

Nora Busra Turan
Partner · Attorney

Murat Akkoç
Partner · Lawyer, Istanbul Bar (Turkey)

Dr. Özcan Özbey
Former judge, Court of Cassation (Turkey) · International law, Ph.D.
Documents to prepare
- Every domestic decision, from first instance to the final one, with the dates they were served (tebliğ tarihleri).
- Your Constitutional Court application and its decision, if you made one.
- Evidence of the violation: detention records, medical reports, dismissal decrees, correspondence.
- Proof that you raised the Convention complaint in the domestic courts (your petitions and appeals).
- ID, and if a lawyer represents you, the Court's authority form signed by you and the lawyer.
- A numbered list of all documents in date order (Rule 47 § 3.2).
Common reasons for refusal or delay
- Filing late: more than four months after the final decision, or relying on a fax.
- An incomplete form: any missing Rule 47 information or copy means the complaint is not examined.
- Not exhausting remedies: skipping the Constitutional Court or not raising the Convention point there.
- Missing the Constitutional Court's 30 days, which can also cause problems at the ECtHR.
- Filing the same matter with another international body: Article 35 § 2 (b) and Turkey's UN reservation block a second route.
- Expecting a retrial on the merits: the Court cannot quash national decisions or rehear the case.
When this is not the right route
- Complaints against the United States: the U.S. is not a party to the Convention or to the ICCPR First Optional Protocol.
- A general appeal from a Turkish court: the ECtHR does not act as a court of appeal.
- INTERPOL data: the CCF handles that; see extradition and INTERPOL.
- Protection from removal in the U.S.: see asylum and removal defense.
Full details
Who this is for
- People in the U.S. whose rights were violated by Turkey or another Council of Europe state, after the domestic courts ruled.
- People who want to take a complaint to a UN committee instead, such as the Human Rights Committee or the Committee against Torture.
- People facing an imminent risk of irreparable harm from a Convention state who may need an interim measure (Rule 39).
- Applicants who won a judgment and want to follow its execution or ask for a retrial in Turkey.
Key requirements
- Who and against whom: an individual or a company that was personally and directly affected can apply under Article 34, against a state bound by the Convention, for acts of its public authorities. The Court cannot hear complaints against private persons or companies.
- Where you live does not matter: you can apply from the U.S. The U.S. is not a party to the Convention, so the U.S. cannot be the respondent.
- Exhaustion: you must use the domestic remedies that could fix the problem and raise the Convention complaint in them. For Turkey this usually includes an individual application to the Constitutional Court (see Uzun v. Turkey, cited in the Court's Admissibility Guide).
- The Turkish Constitutional Court application must be made within 30 days of the last remedy, or of learning of the violation where no remedy exists. It can be lodged through Turkey's consulates abroad, and a court fee applies (Law 6216, Article 47).
- Four months: the ECtHR application must reach the Court within four months of the final domestic decision (Article 35 § 1). This applies to final decisions taken from 1 February 2022; earlier decisions had six months.
- Rule 47: use the Court's form, fill in every field, set out the facts, the violations and how you met the admissibility criteria, and attach copies of the decisions. Extra pages may not exceed 20. A form that misses any of this is not examined.
- The date that counts is the postmark of a complete form (Rule 47 § 6). A fax does not stop the four-month clock.
- Language and lawyer: you can write in English, French or an official language of a Convention state, including Turkish. You do not need a lawyer at first, but you will once the case is communicated to the government. From then on the representative should be an advocate authorised to practise in a Convention state and resident in one, unless the President of the Chamber approves someone else (Rule 36 § 4).
- UN route: Turkey ratified the ICCPR First Optional Protocol on 24 November 2006, the Convention against Torture on 2 August 1988 (with an Article 22 declaration) and the CEDAW Optional Protocol on 29 October 2002.
- Turkey's reservation means the UN Human Rights Committee will not consider a matter that has been or is being considered under another international procedure, such as the ECtHR. Choose the route before you file.
- After a judgment: a Chamber judgment becomes final three months after it is given unless a party asks for referral to the Grand Chamber (Articles 43 and 44). The Committee of Ministers supervises execution (Article 46).
What to check with an attorney
- The exact date of the final domestic decision and when you received it.
- Whether every domestic remedy, including the Constitutional Court, was used and the Convention complaint was raised there.
- Whether the ECtHR or a UN committee fits better, given Turkey's reservation on matters examined elsewhere.
- Whether the facts support an interim-measure request: an imminent risk of irreparable harm.
Sources and review date
Fees and rules reviewed 16 Oct 2026. Sources below.
Official sources:
- European Convention on Human Rights
- ECtHR: Apply to the Court
- ECtHR: Rules of Court (15 September 2025)
- ECtHR: Questions and answers for applicants
- ECtHR: Practical guide on admissibility criteria (28 February 2026)
- ECtHR: Pending applications by State, 30 September 2026
- Law No. 6216 on the Constitutional Court (mevzuat.gov.tr)
- Code of Criminal Procedure No. 5271, Article 311 (mevzuat.gov.tr)
- UN Treaty Collection: ICCPR First Optional Protocol, status
- UN Treaty Collection: Convention against Torture, status
- UN Treaty Collection: CEDAW Optional Protocol, status
What changed: added the Turkish Constitutional Court step, Rule 47, the UN route and Turkey's reservation, execution and retrial, and 2026 statistics.
Is a four-month deadline running?
Monday to Friday, 8:00 a.m. to 5:00 p.m., office local time. We reply in English, Turkish and Chinese.
Notes
- The four-month limit applies to final decisions taken from 1 February 2022; earlier decisions had six months (Admissibility Guide, 28 February 2026). ↑
- If the Court finds a violation it may award just satisfaction and costs; if it finds none, you do not pay the State's costs. Attorney fees are quoted after a first conversation. ↑