Turkey has ratified Protocol number 15, amending the European
Convention of Human Rights and Fundamental Freedoms
("Protocol"). The Protocol confirms Turkey's
appreciation of its responsibility to secure the rights and
freedoms which the European Court of Human Rights
("Court") oversees. The Protocol also changes age limits
and terms for the Court's judges, as well as reduces the
Court's application deadline to four months and changes
Turkey signed the Protocol on 31 September 2013. The Protocol
was ratified via a decision published in Official Gazette number
29656 on 17 March 2016.
Significant changes introduced by the Protocol include:
A new provision is added to the
Preamble of the European Convention of Human Rights stating that:
The Court has subsidiary authority
for the security of the rights and freedoms stated in the
Contracting parties have a margin of
appreciation of their responsibility to secure the rights and
freedoms regarding subjects within the Court's
Judge candidates must now be under 65
years old, at the date of nomination.
A Judge's term will no longer
expire when they reach 70 years old.
Parties can no longer object to the
Chambers relinquishing a case to the Grand Chamber's
jurisdiction in disputes which:
Raise serious questions about the
May have a result inconsistent with a
The period after a final domestic
decision to apply to the Court reduces from six months to four
The Court can accept applications
from any party, but is required to rule applications inadmissible
if the applicant has not suffered a significant disadvantage. The
exceptions to this rule have changed so that the Court is no longer
prohibited from rejecting an application on the basis that the
matter has not been duly considered by a domestic tribunal.
Please see this link for the full text of the
ratification decision (only available in Turkish), as well as full
texts of the Protocol (in Turkish, English and French).
Information first published in the
MA | Gazette, a fortnightly legal update newsletter produced by
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