Published on 9 October 2023
SECOND SECTION
Application no. 8052/21
Osman ŞAHİNKAYA and Others
against Türkiye
lodged on 15 January 2021
communicated on 20 September 2023
SUBJECT MATTER OF THE CASE
The application concerns the transfer of a part of the applicants’ property to the General Directorate of Highways by a court decision on the basis that the property had been expropriated before it was sold to the applicants’ father in 1977 even though there were no annotations in the land register.
The applicants complained under Article 1 of Protocol No. 1 to the Convention.
QUESTIONS TO THE PARTIES
1. Have the applicants been deprived of their possessions in accordance with the conditions provided for by law and in accordance with the principles of international law, within the meaning of Article 1 of Protocol No. 1 (see, mutatis mutandis, Vistiņš and Perepjolkins v. Latvia [GC], no. 71243/01, §§ 110-112, 25 October 2012)?
2. Was the expropriation process finalised in accordance with the relevant domestic law? Did the General Directorate of Highways pay an expropriation compensation for the property to the previous owner, to the applicants’ father or to the applicants?
3. Did the deprivation of property in the present case impose an excessive and individual burden on the applicants (see, mutatis mutandis, Muharrem Güneş and Others v. Turkey, no. 23060/08, §§ 70-83, 24 November 2020)?
APPENDIX
List of applicants:
No.
Applicant’s Name
Year of birth/registration
Nationality
1.
Osman ŞAHİNKAYA
1968
Turkish
2.
Bünyamin ŞAHİNKAYA
1965
Turkish
3.
Faruk ŞAHİNKAYA
1963
Turkish