Türkiye'den Avrupa Insan Haklari Mahkemesi'ne Başvuruda is Hukuk Yolu Olarak Anayasa Şikayeti
Journal Title: AURUM Sosyal Bilimler Dergisi - Year 2016, Vol 1, Issue 2
Abstract
Within the framework of the European Convention on Human Rights (ECHR), individual applications are only possible with the condition of the exhaustion of domestic remedies. The European Court of Human Rights (ECtHR) is able to circumvent the exhaustion of domestic remedies condition in certain cases, such as the ineffectiveness of the legal means. In applications from Turkey in the 1990s, regarding the violations of rights under the state of emergency, the exhaustion of domestic remedies clause was circumvented on the grounds that domestic remedies were ineffective. The fact that several applications from Turkey to the ECtHR were ruled as infringement, led to the acceptance of the constitutional complaint. In fact, the main objective of adoption of constitutional complaint in Turkey was to minimize the applications to the ECtHR. The Court's approval of the constitutional complaint as an effective domestic remedy in Turkey is necessary for the success of this path. The ECtHR has so far viewed the constitutional complaint as an effective domestic remedy. However, recent developments in Turkey demonstrate that the Constitutional Court is inadequate to resolve violations of rights. For this reason, the constitutional complaint might no longer be regarded as an effective domestic remedy.
Authors and Affiliations
Sevtap YOKUŞ
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- EP ID EP299342
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