The controversial position of the European Court of Human Rights towards the large-scale human rights risis in Turkey in the “age of subsidiarity"

Abstract

This thesis examines the European Court of Human Right’s approach to the large-scale human rights crisis in Turkey, in particular the post-coup era. Despite the centralization of the power and the absence of effective domestic mechanism in Turkey, the Court has abstained considerably from conducting any meaningful examination in reasonable time on the grounds of the non-exhaustion of domestic remedies. In doing so, the Court has emphasized the subsidiary nature of the Convention mechanism. However, the question as to whether this attitude of the Court is justifiable under the principle of subsidiarity arises, considering that the original raison d’être of the Court is to prevent the resurgence of totalitarianism and the destruction of the rule of law.