Published on 10 June 2024
SECOND SECTION
Applications nos. 27694/23 and 27711/23
Süleyman ATAŞ against Türkiye
and Mehmet Sıddık BAYBARS against Türkiye
lodged on 4 July 2023
communicated on 23 May 2024
SUBJECT MATTER OF THE CASE
The applications concern the de facto expropriation of the applicants’ land for a road project.
The applicants complain that their land was de facto expropriated. They further allege that the low interest rate applied to the compensation awarded caused it to lose its value to an extent that was in breach of their right to the peaceful enjoyment of their possessions within the meaning of Article 1 of Protocol No. 1 to the Convention. The applicants further complain of the length of the proceedings before the Constitutional Court.
QUESTIONS TO THE PARTIES
1. Has there been a violation of the applicants’ right to the peaceful enjoyment of their possessions, within the meaning of Article 1 of Protocol No. 1 to the Convention, on account of the de facto expropriation of their land (Sarıca and Dilaver v. Turkey, no. 11765/05, §§ 38 to 52, 27 May 2010)?
2. Has there been a violation of the applicants’ right to the peaceful enjoyment of their possessions, within the meaning of Article 1 of Protocol No. 1 to the Convention, on account of the loss of value suffered by the applicants as a result of the interest rate applied to the expropriation compensation (Yetiş and Others v. Turkey, no. 40349/05, §§ 41-56, 6 July 2010)?
3. Was the length of the proceedings before the Turkish Constitutional Court in the present case in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention (Project-Trade d.o.o. v. Croatia, no. 1920/14, §§ 99-104, 19 November 2020)?