Communicated on 8 October 2018
SECOND SECTION
Application no. 20937/10
Erol GÜNEL against Turkey
and 8 other applications
(see list appended)
SUBJECT MATTER OF THE CASE
The applications concern the applicants’ inability to use their lands as a result of the designation of their property as military security zone and the domestic courts’ refusal to award them compensation for the resulting restriction.
The applicants’ lands were previously designated as military forbidden zone and were later converted into military security zone. They all initiated compensation proceedings for de facto expropriation before the civil courts. Their cases were dismissed by the domestic courts on the grounds that the restrictions had been terminated by the re-classification of the properties as military security zone. Those sets of proceedings became final in 2003.
In 2004 the applicants lodged new cases before the Oltu Civil Court of General Jurisdiction, this time requesting the halt of the unlawful occupation of their lands (men-i müdahale davası) and seeking compensation (ecrimisil davası). The court once again dismissed their cases, finding that although the restriction on the property had indeed been established, the applicants had failed to substantiate their loss resulting from that restriction.
The details of the applications are set out in the attached table.
Relying on Article 1 of Protocol No.1 to the Convention, the applicants complain about the restrictions they have had to endure as a result of the interference of the military authorities. In their view, this interference constituted de facto expropriation of their land and that the authorities failed to pay them compensation to cover their losses.
QUESTIONs tO THE PARTIES
Has there been a violation of the applicants’ peaceful enjoyment of possessions, within the meaning of Article 1 of Protocol No. 1, as a result of the designation of their lands as military security zone and the resulting restrictions on their access to and use of their lands? In that connection, what was the extent of the impugned restrictions?
In particular, did those restrictions and the domestic authorities’ refusal to expropriate the lands or award compensation to the applicants impose an excessive individual burden on them (see, mutatis mutandis, Sarıca and Dilaver v. Turkey, no. 11765/05, 27 May 2010)?
The Government are invited to submit copies of all the relevant documents concerning the impugned proceedings, in particular, the decisions of the Court of Cassation, the documents submitted before the domestic court by the applicants in support of their compensation claims, and any expert report assessed by the court to determine the applicants’ losses.
The parties are also requested to provide the Court with an expert report, preferably judicial, on the alleged damage caused to the applicants by the impugned interference. The report should point out all the objective criteria it relies on in reaching its conclusions.
No.
Application no.
Lodged on
Applicant
Date of birth
Place of residence
Represented by
20937/10
30/03/2010
Erol GÜNEL
16/12/1938
ERZURUM
Yurdan DAĞAŞAN
20944/10
30/03/2010
Torun SÜLEYMANOĞLU
ERZURUM
Yurdan DAĞAŞAN
20950/10
30/03/2010
Dursun ÖNAL
30/04/1944
ERZURUM
Sariye ÖNAL
01/01/1930
ERZURUM
M. Nukrettin ÖNAL
01/01/1950
ERZURUM
Nurullah Nail ÖNAL
01/01/1958
ERZURUM
Şerafettin ÖNAL
26/10/1931
ERZURUM
Şükran ÖZBAHÇELİ
01/01/1959
ERZURUM
Semiha DÖĞER
01/01/1948
ERZURUM
Sonerhan ÖNAL
01/01/1965
ERZURUM
Saliha ATEŞDENYILMAZ
01/01/1948
ERZURUM
Yurdan DAĞAŞAN
21348/10
30/03/2010
Bahar YILDIZ
01/01/1974
ERZURUM
Murat YILDIZ
01/01/1976
ERZURUM
Orhan AYDIN
01/06/1953
ERZURUM
Yurdan DAĞAŞAN
21371/10
30/03/2010
Yavuz ÖZDEN
ERZURUM
Yurdan DAĞAŞAN
21385/10
30/03/2010
Esme ÇAVUŞ
01/01/1932
ERZURUM
Muhittin ÇAVUŞ
01/01/1950
ERZURUM
Münevver ARAS
05/02/1952
ERZURUM
Ayfer YILDIRIM
ERZURUM
Vildan YEŞİLYURT
ERZURUM
Kadriye ÜSTÜN
01/01/1954
ERZURUM
Gülçin ÇEVİK
ERZURUM
Yurdan DAĞAŞAN
21453/10
30/03/2010
Yavuz VAROL
ERZURUM
Mine CENGİZ
ERZURUM
Yunus VAROL
ERZURUM
İbrahim VAROL
01/01/1964
ERZURUM
Fatma ÇİMEN
ERZURUM
Salih VAROL
ERZURUM
Mustafa VAROL
ERZURUM
Adem VAROL
01/01/1976
ERZURUM
Fatma ASLAN
08/01/1960
ERZURUM
Salim VAROL
ERZURUM
Talip ASLAN
ERZURUM
Dilek ASLAN
ERZURUM
Fazilet GEZER
ERZURUM
Yurdan DAĞAŞAN
21674/10
30/03/2010
Esra YILMAZ
01/01/1977
ERZURUM
Abdurrahman ÖZDEN
01/08/1934
ERZURUM
Tuncay YILMAZ
15/03/1962
ERZURUM
Ahmet YILMAZ
03/09/1971
ERZURUM
Ruşen YILMAZ
01/01/1936
ERZURUM
Fatma ŞAHİNCİ
04/06/1966
ERZURUM
Yurdan DAĞAŞAN
22592/10
30/03/2010
Süleyman YILDIZ
29/09/1966
ERZURUM
Abdülkadir YILDIZ
01/01/1968
ERZURUM
Cumhur YILDIZ
01/01/1960
ERZURUM
Osman YILDIZ
01/01/1955
ERZURUM
Nuran YILDIZ
01/01/1954
ERZURUM
Şeref YILDIZ
ERZURUM
Hamza YILDIZ
ERZURUM
Saniye YILDIZ
ERZURUM
Hasan YILDIZ
01/02/1951
ERZURUM
Yurdan DAĞAŞAN
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