Facing a violation of your basic rights in Turkey? The Individual Application to the Constitutional Court offers a new legal path to fight back.

Individual application to the Constitutional Court is a new avenue for seeking legal redress that entered into our legal system with the approval of Law No. 5982 on Some Amendments to the Constitution of the Republic of Turkey dated May 7, 2010, through a referendum held on September 12, 2010.

Individual application to the Constitutional Court is a legal recourse for individuals whose fundamental rights and freedoms have been violated due to the action, conduct, or omission of a state organ, after exhausting all other domestic remedies available. So, what are these fundamental rights and freedoms? The right to life, prohibition of torture and ill-treatment, prohibition of forced labor, personal liberty and security, right to access to justice, legality of crimes and punishments, respect for private and family life, home and correspondence, freedom of thought, conscience and religion, freedom of expression and dissemination of thought, freedom of assembly and association, right to property, right to free elections, protection of fundamental rights and freedoms, right to education and obligation to education, equality and the right to an effective remedy.

Anyone claiming that one of the fundamental rights and freedoms guaranteed in the Constitution or within the scope of the European Convention on Human Rights has been violated can exercise the right of individual application.

"Everyone" can apply, so it is not important for the applicants to be citizens of the Republic of Turkey. However, foreigners cannot apply for issues such as the right to vote and be elected, which only Turkish citizens possess.

Private law entities and legal persons (associations, foundations, etc.) can file individual applications claiming that only their rights belonging to legal personality such as "freedom of association" or "right to access to justice" have been violated.

Public legal entities (government agencies, municipalities, etc.) cannot file individual applications.

The Individual Application Form or a petition containing all the necessary information to be included in the application form and in the same format can be submitted directly to the Constitutional Court, or it can be sent to the Constitutional Court through domestic courts or foreign representations. Individual applications made through courts or foreign representations will be forwarded directly to the Constitutional Court without being examined by those authorities. The procedure and principles regarding the acceptance of applications through other means are regulated by the Rules of Procedure.

The most important thing to remember when making an individual application is that individual applications can never be made through communication tools such as mail, internet, or telegram. The individual application form must not be sent to the Constitutional Court by mail under any circumstances. Otherwise, the individual application will be rejected without examination. Throughout the judicial process initiated as a result of the individual application, no information or documents should be attempted to be sent to the Constitutional Court by mail or other communication means. All correspondence with the Constitutional Court is conducted directly with the court or through domestic courts or foreign representations.

Individual applications must be submitted within thirty days from the date on which all available means of recourse have been exhausted; if no recourse is available, within thirty days from the date the violation is learned. Those who are unable to apply within the deadline due to a justifiable excuse may apply within fifteen days from the date the excuse is removed, along with evidence substantiating their excuse.