Communicated on 10 September 2015
SECOND SECTION
Application no. 34965/09
İlginç DEMİR against Turkey
and 2 other applications
(see list appended)
The applicants, whose details are set out in the attached table, are Turkish nationals.
A. The circumstances of the cases
The facts of the cases, as submitted by the applicants, may be summarised as follows.
On various dates, the applicants initiated proceedings before the domestic courts, seeking the amendment of their first names. Their requests were rejected, as the domestic courts held that pursuant to Article 36 § 1 (b) of Law no. 5490, first names could only be amended once during a lifetime. In the case of all three applications, their first names had previously been amended upon requests filed by their parents at the time when the applicants were minor.
On 30 March 2012 the Constitutional Court annulled Article 36 § 1 (b) of Law no. 5490.
The details of the applications appear in the table attached.
B. Relevant domestic law
Article 36 § 1 (b) of Law no. 5490, before its annulment by the Constitutional Court, read:
“...A request for an amendment of a civil registry record, concerning the same issue, may only be filed once during a lifetime.”
COMPLAINT
The applicants complain under Article 8 of the Convention about their inability to have their first names amended.
QUESTION TO THE PARTIES
Has there been an interference with the applicants’ right to respect for their private life, within the meaning of Article 8 § 1 of the Convention, on account of the refusal by the domestic courts to allow the applicants to amend their first names? If so, was that interference in accordance with the law, did it pursue a legitimate aim, and was it necessary in terms of Article 8 § 2?
APPENDIX
No.
Application
no.
Lodged on
Applicant name
date of birth
place of residence
Represented by
Case specific details
34965/09
16/06/2009
İlginç DEMİR
08/07/1980
Gebze / Kocaeli
-
In 1992, due to a clerical error in the records, and upon the request of the applicant’s father, the Samsun Civil Court of General Jurisdiction ordered that the applicant’s first name be changed from “İlgiç” to “İlginç”. In 2008 the applicant initiated proceedings before the Gebze Civil Court of General Jurisdiction to have his first name amended as “Kemal İlginç”. His request was rejected based on Article 36 § 1 (b) of Law no. 5490. The final decision was delivered on 31 March 2009.
2074/11
08/11/2010
Edim ŞAHİN
01/01/1990
Çanakkale
Naciye YILDIRIM
In 1990, the applicant’s father initiated proceedings to have the applicant’s first name changed from “Edim Hakkı” to “Edim”. On 22 July 2008 the applicant initiated proceedings before the Lapseki Civil Court of General Jurisdiction to have his first name amended as “Edim Hakkı”, stating that Hakkı had been his grandfather’s name and that following divorce proceedings of his parents, his father had changed his first name in bad faith. This request was rejected based on Article 36 § 1 (b) of Law no. 5490 and the final decision was served on the applicant on 12 May 2010.
44409/11
06/04/2011
Şüheda SOY
02/04/1973
Ankara
-
In 1983, due to a clerical error in the records, and upon the request of the applicant’s parents, the Mersin Civil Court of General Jurisdiction ordered that the applicant’s first name be changed from “Şahide” to “Şüheda”. In 2010, the applicant initiated proceedings before the Ankara Civil Court of General Jurisdiction to have her first name amended as “Şüheda Eda” or solely as “Eda”. Her request was rejected based on Article 36 § 1 (b) of Law no. 5490. The final decision was delivered on 28 February 2011.
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