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NEWSLETTER 2013

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b) Delayed or deficient execution of the court decisions or non-

performance.

Furthermore, it is stated that with a resolution of the Council of

Ministers, the provisions of Law No. 6384 may be applicable to other

breach areas concerning the rights protected by the Convention and

additional protocols to which Turkey is a party. However, the provisions

of this Law shall not be enforceable for applications originating from

administrative inquiries.

Application Procedure and Term

A Commission consisting of 5 persons was established to rule on the

applications lodged pursuant to the Law No. 6384.

According toArticle 5 of LawNo. 6384, which regulates the procedure

and term of the application lodged to the Commission, applications to the

Commission shall be made with a signed petition comprising the identity

information of the applicant along with the official admission letter

stating the application date and number to the ECHR, the application

form and other related information and documents.

It is specified that Article 5 will enter into force as of one month

following the publication of Law No. 6384; and applicants are obliged to

apply to the Commission within 6 months following the entry into force

of said article. Individuals who did not apply in this manner may apply

to the Commission within one month following the notification of the

ECHR declaring the inadmissibility of the application on the grounds of

non-exhaustion of domestic legal remedies.

In the event that the scope of Law No. 6384 is broadened by a

resolution of the Council of Ministers or that the period set forth under

Article 9 regarding the enforcement of Law No. 6384 is extended for the

applications lodged before the ECHR as of 23.09.2012 by the Council of

Ministers, the individuals gaining the right of application shall use this

right within six months following the publication of the resolution of the

Council of Ministers in the Official Gazette.

It is possible to file applications through the chief public prosecutor’s

office. The Chief public prosecutor’s office shall send the application