Application to the European Court of Human Rights

EUROPEAN COURT OF HUMAN RIGHTS APPLICATION

Parties:

Last Name: First Name:

Gender:

Nationality:

Date and place of birth: ../../… …..

Residence: Address information

Representative's Name and Surname:

Representative's Profession: Lawyer

Representative's Address:

Phone Number:

HIGH CONTRACTING PARTY:REPUBLIC OF TURKEY

EVENTS:

1. My client started working at [Company A] on [Date] and after working for [Duration], his employment contract was terminated on [Date].
2. My client filed a lawsuit with [City A] [Court A], and the case commenced in [Year] under file number [Case No].
3. Article Six of the European Convention on Human Rights, to which the Republic of [Country A] is a party, It guarantees everyone the right to a fair trial in determining their civil rights and obligations. The right covered here is: These are only those related to "civil rights and obligations". The most important aspect of the principle of fair trial, namely that the dispute be resolved within a reasonable time, has been violated.  
4. The fact that the case has been ongoing for [Duration] since the day it was filed has both caused hardship to my client, the plaintiff, and the court has violated this principle by failing to fulfill its duty within a reasonable time.

The Concept of Reasonable Time:

As stated in the Stögmüller v. Austria judgment, the court requires that the proceedings be concluded within a reasonable time. Justice delayed is justice denied. This is the most essential way to ensure the effectiveness of justice and prevent harm to individual rights. Article 6 also "underlines the importance of ensuring that justice is delivered without delays that could impair its effectiveness and credibility."   

STATEMENT REGARDING THE ALLEGED BREACHES OF AGREEMENT AND PROTOCOL AND THE BASIS OF THE CLAIMS BY THE APPLICANT:

The incident is contrary to the domestic legislation of the Republic of Turkey and to the international conventions to which the Republic of Turkey is a party. Article 36 of the Constitution of the Republic of Turkey regulates the right to a fair trial. Furthermore, Article 90, paragraph 5 of the Constitution of the Republic of Turkey acknowledges its international obligations. That is, the articles of the European Convention on Human Rights, its additional protocols, and the decisions of the European Court of Human Rights, which interprets this Convention and creates precedents, have the force of law , and even if there is a conflict between them and national laws, the provisions of the European Convention on Human Rights shall apply.

STATEMENT REGARDING THE RIGHT TO A FAIR TRIAL

The application had to be made to the European Court of Human Rights because the court had prolonged the case and because the laws of the Republic of Turkey do not contain any provision requiring a case to be concluded within a reasonable time, meaning that domestic remedies could not be exhausted.

EXPLANATION REGARDING THE PURPOSE OF THE APPLICATION AND THE EQUITABLE CLAIMS FOR SATISFACTION

My client was unfairly dismissed from their job. They subsequently pursued legal action, but the prolonged legal process has caused them further hardship. Therefore, I request fair compensation of [Amount] Euros for material damages, [Amount] Euros for moral damages, and [Amount] Euros for legal and court costs.

[History]

Plaintiff's Attorney

Name Surname

[Signature]