Communicated on 20 June 2017
SECOND SECTION
Application no. 20797/07
Nazlı DIRAMA
against Turkey
lodged on 1 May 2007
SUBJECT MATTER OF THE CASE
The application concerns civil proceedings in which the applicant was the respondent party. In a hearing held on 7 June 2006, from which the applicant’s representative was excused due to his absence, the first-instance court noted that the expert report had been submitted to the case-file and delivered a copy to the claimant. In the same hearing, the claimant asked the court to rule in accordance with the expert report. The court decided to hold another hearing and set the date to 21 June 2006. However, the notice containing the date and time of the next hearing date was served on the applicant’s representative only on 26 June 2006. On the day of the hearing, that is 21 June 2016, which the applicant’s representative missed, the court delivered its judgment and found against the applicant. It ruled in accordance with the findings of the expert report. The applicant appealed against the judgment, arguing that she had been prevented from presenting her arguments against the findings of the expert report. The Court of Cassation upheld the judgment of 21 June 2006 without responding to the applicant’s arguments.
The applicant complains under Article 6 § 1 of the Convention that as a result of the late delivery of the notice, she was deprived of an opportunity to comment on the expert opinion on which the domestic court based its decision.
QUESTIONS tO THE PARTIES
1. Did the applicant have a fair hearing in the determination of her civil rights and obligations, in accordance with Article 6 § 1 of the Convention? In particular, were the principle of equality of arms and the requirement of adversarial proceedings respected as regards the applicant’s argument that she was deprived of an opportunity to react to the expert report as a result of the late delivery of notice?
2. The parties are requested to clarify the date when the expert report was submitted to the domestic court and whether it was communicated to the parties in advance.
The Government are requested to submit copies of all the relevant documents concerning the domestic proceedings.
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