Communicated on 8 March 2018
SECOND SECTION
Application no. 50947/14
Ali Melih AKSOLEY against Turkey
and 3 other applications
(see list appended)
SUBJECT MATTER OF THE CASE
The applications concern the registration as Treasury’s property of plots of land for which the applicants allegedly hold registered title deed. The applicants claim that a court decision confirmed that the title deed in question corresponds to these plots.
Invoking Article 1 of Protocol No. 1 to the Convention, the applicants complain that they were deprived of their right to peaceful enjoyment of their possessions.
QUESTIONS tO THE PARTIES
1. Does the applicants’ title deed correspond to the plots of land located in the district of Kartal which have been the subject of the proceedings complaint of by the applicants? If yes, did the registration of these plots as the property of the Treasury constitute a violation of the applicants’ right to peaceful enjoyment of their possessions within the meaning of Article 1 of Protocol No. 1 to the Convention?
2. In what way and by whom was the land in question used since the date of the cadastral survey?
3. Having regard to the State’s positive obligation to ensure in its domestic legal system that property rights are sufficiently protected by law and that adequate remedies are provided whereby the victim of an interference can seek to vindicate his rights, including, where appropriate, by claiming damages in respect of any loss sustained (see Blumberga v. Latvia, no. 70930/01, § 67, 14 October 2008), were the applicants afforded a reasonable opportunity of challenging effectively the measures depriving them of their right to property or of obtaining an adequate redress? In this context, does Article 1007 of Civil Code afford the applicants a reasonable opportunity to obtain compensation? In particular, what is the time-limit for such an action and when did it start to run in the situation of the applicants? The Government are invited to submit the examples of judicial decisions rendered in comparable situations and showing the effectiveness of this remedy.
The parties are also invited to provide the Court with all relevant documents concerning the case (such as expert reports, a cadastral survey report, and the land registry records).
No.
Application no.
Lodged on
Applicant
Date of birth
Place of residence
Represented by
50947/14
14/07/2014
Ali Melih AKSOLEY
30/03/1930
Istanbul
Noyan GÖKSU
50958/14
14/07/2014
Fatma Yüksel AKSOLEY
25/10/1934
Istanbul
Noyan GÖKSU
50961/14
14/07/2014
Yaşar Meral SUNAL
1/01/1957
Istanbul
Noyan GÖKSU
50963/14
14/07/2014
Mete AKSOLEY
18/02/1961
Istanbul
Noyan GÖKSU
Full & Egal Universal Law Academy