The Media and Law Studies Association (MLSA) and the Van Bar Association hosted a workshop titled “Procedures for Individual Applications to the European Court of Human Rights (ECHR)” on November 30, 2024. The event aimed to enhance lawyers' skills in effectively submitting applications to the ECHR and addressed common procedural mistakes, admissibility criteria, and the enforcement of judgments.
Workshop details and participants
Held at the Van Bar Association’s Tahir Elçi Conference Hall, the event featured prominent speakers including former ECHR judge Dr. Rıza Türmen, Strasbourg University lecturer Dr. Ümit Kılınç, ECHR Registry official Dr. Şerif Yılmaz, and former ECHR legal advisor Dr. Vincent Berger. MLSA Legal Unit Coordinator Emine Özhasar, Van Bar Association board members, and numerous lawyers participated.
Opening remarks: confronting human rights challenges
Burcu Şeber, Co-Chair of the Van Bar Association’s Human Rights Center, emphasized the growing need for robust legal strategies amid increasing human rights violations in Turkey. “This workshop will provide a roadmap for our legal and social struggles,” she stated, highlighting issues like restricted defense rights, freedom of expression violations, and undemocratic interventions in local governance.
Expert insights and sessions
Procedural complexities and common pitfalls:
MLSA’s Emine Özhasar stressed the technical intricacies of ECHR applications, often misunderstood by practitioners. She highlighted the importance of the workshop in regions like Van, where rights violations are prevalent.
Admissibility criteria and legal practice:
Dr. Ümit Kılınç detailed the admissibility criteria under ECHR Rule 47, noting that 20% of applications are rejected for procedural errors. He outlined key considerations and common mistakes through practical examples, emphasizing the importance of meticulous documentation.
Lawyers’ critical role in the ECHR process:
Vincent Berger discussed the multifaceted role of lawyers before, during, and after ECHR proceedings. He shared insights from his tenure at the court, particularly on challenges lawyers face and strategies to avoid application rejections. Berger highlighted that inadmissibility decisions remain a significant issue for legal practitioners.
Current cases and statistics:
Dr. Şerif Yılmaz provided an overview of the ECHR’s workload, noting that Turkey accounts for 25% of pending cases, reflecting ongoing human rights and freedom of expression concerns. He reported around 2,500 cases involving detained journalists, MPs, and activists. Yılmaz also mentioned the upcoming launch of an online application system to streamline submissions.
Challenges in enforcing ECHR judgments
In the concluding session, Dr. Rıza Türmen addressed the enforcement of ECHR rulings, describing it as the system’s “Achilles’ heel” due to the lack of enforcement mechanisms. He linked the implementation of decisions to the court's legitimacy, stressing the need for structural changes to prevent repeated violations. Türmen referenced notable cases like Ilgar Mammadov (Azerbaijan) and Osman Kavala (Turkey) as examples where enforcement processes were activated. He warned that Turkey’s non-compliance could lead to expulsion from the Council of Europe, with severe legal and political consequences.
Conclusion and acknowledgments
The workshop concluded with a Q&A session and the presentation of plaques to speakers by MLSA and the Van Bar Association. Participants emphasized the event’s significance in strengthening legal defense strategies and promoting human rights advocacy in Turkey.
