Law enforcement officials launched simultaneous raids in five cities across Turkey including the southern provinces of Adana and Mersin and the southeastern province of Diyarbakır this morning, taking nearly 40 people under custody as part of their operations against the Kurdistan Communities Union (KCK.)Reports indicate that Ali Tanrıverdi, the head of the İHD's Mersin branch, was also among the detainees.İHD officials in Mersin said they were not in possession of any such information as of yet but did not deny those claims and added they were not able to reach Tanrıverdi through his phone either.As a result of the new law, no Turkish citizen will be able to go to ECHR unless the Constitutional Court refuses his individual application, or rules that his rights have not been breached.The two-year period is being seen as a test for the Constitutional Court, during which time the ECHR will decide whether the Turkish Constitutional Court is an effective domestic remedy.If there is no unanimity at the commission, the application will be sent directly to the main commission that will then assess the application.However, this is only if they have exhausted all other administrative and judicial processes with their complaints before applying to the top court.
In a move aimed at decreasing the huge number of applications lodged against Turkey at the European Court of Human Rights (ECHR), individual access to the Constitutional Court effectively began yesterday, although the related law went into force on Sunday.
Still, question marks linger over the implementation process. on Monday, seven applications had been lodged at the court.
Rulings finalized before that date will not be assessed by Constitutional Court, according to İbrahim Çınar, a Constitutional Court rapporteur responsible for the individual application office. 24, Turkish citizens have the right to personally apply to the Constitutional Court based on alleged violations with regard to their fundamental rights and freedoms arising from the Constitution and the European Convention on Human Rights.
An individual who thinks that his or her fundamental rights and freedoms have been violated by a state institution is therefore able to file a case at the top court.
If individual applications to the top Turkish court are eventually not recognized as an effective remedy by the ECHR, the previous procedure will again become valid, meaning that Turkish citizens will be able to apply to the ECHR after exhausting all domestic administrative and judicial processes.A two-member commission, at which unanimity is a must for approval or refusal, will assess the eligibility of the application to the Constitutional Court.