Published on 18 September 2023
SECOND SECTION
Application no. 37308/21
Feride YURTKENT and Others
against Türkiye
lodged on 16 July 2021
communicated on 28 August 2023
SUBJECT MATTER OF THE CASE
The application concerns the non-execution of decisions delivered by the Silvan Civil (Labour) Court, whereby the intestator, whose heirs are the applicants, was awarded compensation for his receivables arising from labour agreements with the Silvan Municipality.
Relying on Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention, the applicants complain about the continuing non-execution of the final judicial decisions awarding compensation to the intestator.
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 final judicial decisions delivered by the Silvan Civil (Labour) Court (see Hornsby v. Greece, 19 March 1997, §§ 40-45, Reports of Judgments and Decisions 1997-II; Burdov v. Russia (no. 2), no. 33509/04, §§ 65-87, ECHR 2009 and also Tetik and Others v. Turkey [Committee], nos. 25885/19 and 37 others, §§ 16-17, 15 March 2022)?
APPENDIX 1
No.
Applicant’s Name
Year of birth
Nationality
1.
Feride YURTKENT
1977
Turkish
2.
Kader AFŞAR
1982
Turkish
3.
Ferihe EYYÜPOĞLU
1979
Turkish
4.
Gülbahar YURTKENT
1991
Turkish
5.
Gülbin YURTKENT
1999
Turkish
6.
İrfan YURTKENT
1990
Turkish
7.
Şeyhmus YURTKENT
1985
Turkish
8.
Tacdin YURTKENT
1968
Turkish
APPENDIX 2
App. No.
Case Title
Silvan Civil (Labour) Court’s Decision
Compensation Commission Decision
Execution Order
Constitutional Court`s Decision
37308/21
Feride Yurtkent and Others v. Türkiye
Docket No: 2008/78
Decision No: 2009/236
Date of the Decision: 11/06/2009
Docket No: 2019/2496
Decision No: 2020/1367
Date of the Decision: 15/05/2020
Execution proceeding
No:
2020/6762 (2010/181)
Date of the First Execution Order: 06/01/2010
Individual Application No: 2020/24398
Date: 30/03/2021