Communicated on 12 December 2019
SECOND SECTION
Application no. 76019/17
Taliye ŞENAL and others
against Turkey
lodged on 5 October 2017
SUBJECT MATTER OF THE CASE
The application concerns the non-execution of a decision delivered by the Ankara Civil Court (Case no. 2012/549 E., 2013/822 K.) in 2013, whereby the applicants were awarded compensation for de facto expropriation of their land by the Ankara Municipality.
In 2014 the applicants complained before the Constitutional Court about, inter alia, the non‑execution of the Ankara Civil Court’s judgment.
On 10 May 2017 the Constitutional Court found a violation of the applicants’ right of access to court and right to property on account of the impugned non‑execution and awarded the applicants compensation in respect of non-pecuniary damage.
The applicants complain of a violation of their rights under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention arguing that the decision in their favour has not been executed despite the decision of the Constitutional Court finding a violation for the non-execution of the domestic court’s judgment.
QUESTION TO THE PARTIES
Has there been a violation of the applicants’ right of access to court, guaranteed by Article 6 § 1 of the Convention and their right to peaceful enjoyment of possessions within the meaning of Article 1 of Protocol No. 1 to the Convention, on account of the authorities’ failure to execute the decision delivered by the Ankara Civil Court (see Kuzu v. Turkey, no. 13062/03, 17 January 2006; Yerebasmaz v. Turkey, no. 14710/03, 10 October 2006; Ak v. Turkey, no. 27150/02, 31 July 2007; M. Kaplan v. Turkey, no. 29016/04, 9 December 2008; and Necati Erol v. Turkey, no. 4387/08, 3 November 2011)?
APPENDIX
No.
Applicant’s Name
Birth date
Nationality
Place of residence
1
Taliye ŞENAL
20/12/1963
Turkish
Zonhoven
2
Karagülmez ÇAKI
01/05/1962
Turkish
Ankara
3
Bayram ÖZDEMİR
05/01/1956
Turkish
Nevşehir
4
Derviş ÖZDEMİR
23/01/1950
Turkish
Nevşehir
5
Mustafa ÖZDEMİR
15/01/1962
Turkish
Baarn
6
Yaşar ÖZDEMİR
10/01/1958
Turkish
Ankara
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