Communicated on 22 November 2018
SECOND SECTION
Application no. 55149/11
Ayşe Ayşın ŞIHMAN and Others
against Turkey
lodged on 5 August 2011
SUBJECT MATTER OF THE CASE
The application concerns a dispute over the ownership of a piece of land (plot no.203) registered in the name of Treasury following a cadastral survey. The applicants objected to this registration, arguing that their title deeds, which they had acquired from the Treasury in 1934 as a result of an auction, had been disregarded. Their objection was rejected by the domestic courts which considered, among other things, that although the applicants’ title deeds had covered the disputed land, their claims had to be rejected in that they had not used it.
The applicants complain under Article 1 of Protocol No. 1 to the Convention that by disregarding their title deeds, the domestic courts deprived them of their property without compensation.
QUESTION tO THE PARTIES
Has there been an interference with the applicants’ peaceful enjoyment of possessions, within the meaning of Article 1 of Protocol No. 1?
Have the applicants been deprived of their possessions in accordance with the conditions provided for by law, within the meaning of Article 1 of Protocol No. 1? In particular, did it impose an excessive individual burden on the applicants given the apparent absence of compensation?
APPENDIX
No.
First name
Last Name
Birth year
Nationality
Place of residence
Representative
Ayşe Ayşın ŞIHMAN
1936
Turkish
Mersin
H. Dölek
Ayşegül FIRAT
1959
Turkish
Mersin
H. Dölek
Feride Funda İREGÖL
1955
Turkish
Mersin
H. Dölek
Emine Nil ÖZKILINÇ
1951
Turkish
Mersin
H. Dölek
Ahmet Cem ŞIHMAN
1959
Turkish
Mersin
H. Dölek
Hasan ŞIHMAN
1951
Turkish
Mersin
H. Dölek
Havvana ŞIHMAN
1931
Turkish
Mersin
H. Dölek
İbrahim Erman ŞIHMAN
1951
Turkish
Mersin
H. Dölek
İlhan Uğur ŞIHMAN
1963
Turkish
Mersin
H. Dölek
Hamide UCUZ
1954
Turkish
Mersin
H. Dölek
Şükran YILDIRIM
1964
Turkish
Mersin
H. Dölek
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