Since the introduction of the individual application as a constitutional remedy, the Turkish Constitutional Court, which traditionally dealt with constitutional review of laws, constitutional amendments and political party dissolution cases, has embarked on the road towards transforming itself into a more effective rights adjudication body. It should be, however, kept in mind that this remedy is not, in and of itself, a magic bullet that will address Turkey’s ingrained human rights problems.

Individual application can be described as an exceptional and subsidiary remedy that can be exercised following the exhaustion of other remedies by individuals whose fundamental rights and freedoms are violated as a result of a procedure, act or neglect of public authorities.

Basic features of individual application can be listed as follows:

• Individual application is a specific remedy which is available for those whose rights prescribed under the Constitution are violated and which has different aspects in terms of its method and consequences when compared with other remedies.
• The underlying reason of individual application is to prevent violation of fundamental rights and freedoms guaranteed under the Constitution and to redress existing violations and their consequences.
• In principle, individual application can be filed against the acts of public authorities. Therefore, the fundamental aim is to secure rights of an individual who may be vulnerable against public authorities.
• Individual application is a subsidiary legal remedy. All administrative and judicial authorities are primarily liable to prevent violation of human rights. Thus, administrative and judicial authorities are more effective in the prevention of concrete violations of rights. Therefore, related authorities are expected to redress such violations before relevant complaints are filed to the Constitutional Court.
• Individual application is not (an additional) remedy of appeal. Claimed violation of any of the rights described in the Constitution rather than redressing any unlawfulness that may emerge during the proceeding.

Individual application can be lodged by those who claim to suffer violation of any of their fundamental rights and freedoms in the Constitution and secured under the ECHR and its additional Protocols ratified by Turkey, by public authorities.

The Constitutional Court’s individual application judgment no. 2012/1049, 26/3/2013 declares that “For the examination of merits of an individual application to the Constitutional Court, the right alleged to be intervened by public authorities should be guaranteed by the Constitution and secured under the European Convention on Human Rights (Convention) and its additional protocols signed by Turkey. In other words, it is not possible to give admissibility decision for an application filed for alleged violation of a right that is not jointly covered by the Constitution and the Convention.”

Within this framework, the rights defined under the Constitution such as right to life, freedom from torture and punishment, freedom from compulsory labour, right to liberty and security of the person, right to seek remedy, lawfulness of offences and punishment, right to respect for private and family life, home and correspondence, freedom of religion and conscience, freedom of expression, freedom of assembly and association, right to property, right to free election, protection of fundamental rights and freedoms, right to education and equality can be given as an example.