Communicated on 12 February 2018
SECOND SECTION
Application no. 18541/11
Fadim AKBIYIK and others
against Turkey
lodged on 21 December 2010
SUBJECT MATTER OF THE CASE
The application concerns the impossibility for the applicants, due to the application of a time-limit, to recover a plot of land which, according to a court decision, was wrongfully registered as belonging to the Treasury.
The applicants complain of a violation of their right to peaceful enjoyment of their possessions within the meaning of Article 1 of Protocol No. 1 to the Convention. They further complain of a breach of their right to access to court within the meaning of Article 6 of the Convention.
QUESTIONS tO THE PARTIES
1. Did the impossibility to recover the property which, according to the court decision rendered in 1980, was wrongfully registered as belonging to the Treasury, deprive the applicants of their possessions within the meaning of Article 1 of Protocol No. 1 to the Convention?
If so, did that deprivation impose an excessive burden on the applicants (see Immobiliare Saffi v. Italy [GC], no. 22774/93, § 59, ECHR 1999‑V).Furthermore, did the proceedings at issue afford the applicants a reasonable opportunity of putting their cases to the relevant authorities for the purpose of effectively challenging the measures interfering with the rights guaranteed by Article 1 of Protocol No. 1 of the Convention (Société Anonyme Thaleia Karydi Axte v. Greece, no. 44769/07, §§ 36-38, 5 November 2009?
2. Did the rejection of the applicants’ case due to the time-limit constitute a violation of their right of access to court within the meaning of Article 6 of the Convention? In this context, was the application of this time-limit foreseeable?
No.
Firstname LASTNAME
Birth year
Nationality
Place of residence
Fadim AKBIYIK
1931
Turkish
DENİZLİ
Ayşe METE
1954
Turkish
DENİZLİ
Mehmet Salih TÜRKEŞ
1948
Turkish
DENİZLİ
Abdullah VARDAL
1950
Turkish
DENİZLİ
Ali Rıza VARDAL
1956
Turkish
DENİZLİ
Orhan VARDAL
1962
Turkish
DENİZLİ
Abdullah YAVAŞ
1941
Turkish
DENİZLİ
Ali Rıza YAVAŞ
1938
Turkish
DENİZLİ
Ayşe YAVAŞ
1945
Turkish
DENİZLİ
Fatma YAVAŞ
1927
Turkish
DENİZLİ
Hediye YAVAŞ
1964
Turkish
DENİZLİ
Hüseyin YAVAŞ
1944
Turkish
DENİZLİ
Mehmet YAVAŞ
1926
Turkish
DENİZLİ
Önder YAVAŞ
1962
Turkish
DENİZLİ
Full & Egal Universal Law Academy