The European Court of Human Rights (“ECHR”) and the Council of Europe are based in Strasbourg, where Dr Kılınç practices his profession as a lawyer. He worked at the ECHR for a period of five years as a lawyer and is an expert on the Convention. He has written a doctoral thesis and a number of articles on the Convention and the case-law of the ECHR.
Dr Kılınç is registered in the list of experts of the Council of Europe and participates in seminars organised for the training courses on the Convention.
The European Convention on Human Rights (“the Convention”) was opened for signature on 4 November 1950 within the framework of the Council of Europe and entered into force on 3 September 1953. The European Court of Human Rights (“ECHR”) was established in 1959 in order to ensure that the States Parties respect the rights and freedoms defined by the Convention. The ECHR, which delivered its premier judgment in the case of Lawless v. Ireland (no. 332/57, judgment of 14 November 1960), secures that the acts and omissions of the States Parties are in compliance with the Convention.
Anyone, who considers himself or herself a victim of a violation of the Convention, may bring an individual application before the Court against one or more States Parties of the Council of Europe. The Court decides first of all whether the applications lodged with it meet the admissibility requirements set forth by Articles 34 and 35 of the Convention. If this is the case, it goes on to examine whether any of the rights and freedoms secured by the Convention have been violated by the State concerned.
During the admissibility stage, the ECHR verifies whether;
* the applicant has exhausted the domestic remedies available to him or her,
* the application has been lodged with the Court within the six-month time-limit, which generally starts running from the date of the final decision at domestic level,
* the applicant has suffered a “significant disadvantage”,
* the application concerns a right or liberty guaranteed by the Convention or its protocols (compatibility ratione materiae),
* the alleged violation has taken place within the jurisdiction of the respondent State or in territory effectively controlled (compatibility ratione loci),
* the respondent State may be held responsible of the alleged violation (compatibility ratione personae),
* the applicant has victim status,
* the application has been submitted to another international body or not.
The applications which comply with the above criteria are declared admissible and communicated to the Government of the respondent State. After having received the observations of the parties, the ECHR decides whether the Convention has been violated. If so, it may award the applicant compensation under Article 41 of the Convention. For more information on the life of an application before the ECHR, please see http://www.echr.coe.int/Documents/Case_processing_ENG.pdf.
The rights and freedoms secured by the Convention and its additional Protocols are as follows:
The European Convention on Human Rights
Article 2: Right to life
Article 3: Prohibition of torture
Article 4: Prohibition of slavery and forced labour
Article 5: Right to liberty and security
Article 6: Right to a fair trial
Article 7: No punishment without law
Article 8: Right to respect for private and family life
Article 9: Freedom of thought, conscience and religion
Article 10: Freedom of expression
Article 11: Freedom of assembly and association
Article 12: Right to marry
Article 13: Right to an effective remedy
Article 14: Prohibition of discrimination
The Protocols to the Convention
Protocol No. 1: Protection of property, right to education, right to free elections
Protocol No. 4: Prohibition of imprisonment for debt, freedom of movement, prohibition of expulsion of nationals, prohibition of collective expulsion of aliens
Protocol No. 7: Procedural safeguards relating to expulsion of aliens, right of appeal in criminal matters, compensation for wrongful conviction, right not to be tried or punished twice, equality between spouses
Protocol No. 12: General prohibition of discrimination
Dr Kılınç is at your service to provide legal counselling and assistance in the proceedings before the ECHR.