Evaluation of the effectiveness of the individual application way as a constitutional right in the light of statistical data

The Individual Application Institution which has been integrated to Turkey's judicial system since 23 September 2012 is a juridical place where anyone who is seeking for a right can apply by ındıvıdually. The ındıvıdual application has been defined explicitly at the 148/3rd article of the Constitution. According to this definition the individual application is an extraordinary way of seeking for a right which is assured both by The Constitution of Turkish Republic, ECHR-European Court of Human Rights and its supplementary protocol but violated by public force.The aim of this study is to reveal whether individual application is effective or not to reduce the applications to ECHR-European Court of Human Rights in number by using statistical data. Between the years 2012-2019/1, when individual application is into effect, there are totally 221.494 applications to AYM-Constitutional Supreme Court and according to decisions made by AYM- Constitutional Supreme Court 7.740 of these applications have at least one violation of right. If individual application had not been into effect in those years, 221.994 people could have applied to ECHR-European Court of Human Rights instead of AYM-Constitutional Supreme Court. When the data of applying to ECHR-European Court of Human Rights is analyzed it is seen that there are 3.128 decisions related to violated right made by ECHR-European Court of Human Rights against to Turkey in 24 years between 1995-2018. If individual application institution was not into effect, 7.740 decisions made by AYM-Constitutional Supreme Court about violated right would most likely to be addressed to ECHR-European Court of Human Rights and same decisions made by AYM-Constitutional Supreme Court would probably have been made by ECHR-European Court of Human Rights also. From the day ındividual application is recognized as right to today, approximately 7 years, the number of violated right decisions made by AYM-Constitutional Supreme Court are two/three times higher than the violated right decisions made in 24 years by ECHR-European Court of Human Rights. In the light of this information it can be said that possibility of individual application can contribute to the country economically by lowering the cost of applications to ECHR-European Court of Human Rights while increasing the importance of country's judicial system over international judicial system. These data clearly reveals that the Indıvıdual Application Institution serves its purpose of implementation in judicial system. ECHR-European Court of Human Rights pointed up the individual application as an applicable and effective way with the decision of refusal made against application of Hasan UZUN, Turkey in 2013. If ECHR-European Court of Human Rights had not considered the individual application as an applicable and effective domestic judicial way as in the case of Azerbaijan and it would have started to accept the applications directly.