The European Court of Human Rights (Second Section), sitting on 11 October 2016 as a Committee composed of: Nebojša Vučinić, President, Valeriu Griţco, Stéphanie Mourou-Vikström, judges, and Hasan Bakırcı, Deputy Section Registrar, Having regard to the above applications lodged on the various dates indicated in the appended table, Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants, Having deliberated, decides as follows: THE FACTS 1. The applicants are Turkish nationals. Their names and birth dates, as well as the names of their representatives, appear in the appendix. 2. The Turkish Government (“the Government”) were represented by their Agent. A. The circumstances of the case 3. The facts of the case, as submitted by the parties, may be summarised as follows. 4. Certain plots of land belonging to...
SECOND SECTION DECISION Application no. 43362/04 Hidayet GÜMÜŞ against Turkey and 10 other applications (see list appended) The European Court of Human Rights (Second Section), sitting on 11 October 2016 as a Committee composed of: Nebojša Vučinić, President, Valeriu Griţco, Stéphanie Mourou-Vikström, judges, and Hasan Bakırcı, Deputy Section Registrar, Having regard to the above applications lodged on the various dates indicated in the appended table, Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants, Having deliberated, decides as follows: THE FACTS 1. The applicants are Turkish nationals. Their names and birth dates, as well as the names of their representatives, appear in the appendix. 2. The Turkish Government (“the Government”) were represented by their Agent. A. The circumstances of the case 3. The facts of the case, as submitted by the parties, may be summarised as follows. 4. Certain plots of land belonging to the applicants were designated as part of the public forest area. Subsequently, the applicants and/or the administrative authorities initiated proceedings before the domestic courts. Consequently, title deeds of the applicants were annulled and the plots of
2 GÜMÜŞ v. TURKEY AND OTHER APPLICATIONS DECISION land in dispute were registered in the name of the Treasury because the domestic courts found that they were part of the public forest estate or had been formerly, pursuant to Section 2(B) of Law no. 6831. No compensation was awarded to the applicants. 5. The details of the applications are indicated in the table below. Application no. and case name Introduction date Details of the land in dispute Date on which the proceedings were initiated Date and no. of the first instance court decision that annulled the title deed to the land Date and no. of the Court of Cassation’s final decision and notification date Articles invoked 43362/04 Gümüş 01/11/2004 Istanbul, Pendik, Emirli Village, Ağılaltı District, Plot No. 10, Parcel No. 738, 4.080 m2 21/09/2000 16/04/2003 Pendik Civil Court, E: 2000/573 K: 2003/252 02/03/2004 E: 2004/13235 K: 2004/2070 and 06/05/2004 Article 1 of Protocol no. 1 4517/06 Özdemir 21/01/2006 a) Balıkesir, Ayvalık, Bağyüzü Village, Parcel No. 2, 62.400 m2 b) Balıkesir, Ayvalık, Hacıveliler Village, Parcel No. 129, 237.000 m2 17/09/2003 06/08/2003 14/07/2004 Ayvalık Civil Court, E: 2003/471 K: 2004/533 14/07/2004 Ayvalık Civil Court, E: 2003/373 K: 2004/520 23/06/2005 E: 2005/5158 K: 2005/8459 and 23/07/2005 23/06/2005 E: 2005/5159 K: 2005/8458 and 23/07/2005 Article 1 of Protocol no. 1; Article 6 § 1; Article 8; Article 13; Article 17 Article 1 of Protocol no. 1 ; Article 6 § 1; Article 8; Article 13; Article 17 25878/07 Öztok 15/06/2007 Çanakkale, Sarıcaeli Village, Köycivarı District Parcel no.772, 16500 m2 10/05/2006 11/07/2006 Çanakkale Civil Court, E : 2006/334 K : 2006/369 20/...