Published on 11 December 2023
SECOND SECTION
Application no. 4444/22
Menderes TİTİZ and Mustafa TİTİZ against Türkiye
and 2 other applications
(see list appended)
communicated on 24 November 2023
SUBJECT MATTER OF THE CASE
The applications concern the depreciation of the compensation awarded to the applicants by the domestic courts.
The applicants’ plots of land were de facto expropriated by the administration between 1960 and 1978. In 2014, the applicants brought claims before the relevant first-instance courts, seeking compensation for the amount of rent they would have received if their plots had not been subject to de facto expropriation (ecrimisil davası), as well as expropriation compensation for the plots of land.
The applicants complain under Article 1 of Protocol No. 1 to the Convention that they suffered a financial loss as the compensation awarded was depreciated due to the monetary inflation during the relevant period.
QUESTION TO THE PARTIES
Has there been a violation of the applicants’ right to peaceful enjoyment of their possessions, within the meaning of Article 1 of Protocol No. 1 to the Convention, due to the depreciation of the compensation awarded to the applicants (see Aka v. Turkey, 23 September 1998, §§ 41-50, Reports of Judgments and Decisions 1998-VI, and Yetiş and Others v. Turkey, no. 40349/05, §§ 43 et suiv., 6 July 2010)?
The parties are invited to provide the Court with copies of all the relevant documents showing the total amount of payments made to the applicants for each separate application, as well as the total amount of the interest paid and the calculation method of the latter.
APPENDIX
List of cases:
No.
Application no.
Applicant
Year of Birth
Place of Residence
Nationality
Introduction date
1.
4444/22
Menderes TİTİZ
1954
Mersin
Turkish
Mustafa TİTİZ
1992
Mersin
Turkish
06/01/2022
2.
4581/22
İbrahim TİTİZ
1990
Mersin
Turkish
06/01/2022
3.
9516/22
Mahmut Cem SOYSAL
1979
Mersin
Turkish
Miyase DARENDEOĞLU
1984
Mersin
Turkish
Hatice SOYSAL
1956
Mersin
Turkish
Nedim SOYSAL
1977
Mersin
Turkish
04/02/2022
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