Lexploria

SECOND SECTION

DECISION

Application no . 39258/05 Ahmet ÇAKMAK against Turkey and 24 other applications (see list appended)

The European Court of Human Rights (Second Section), sitting on 27 September 2016 as a Committee composed of:

Paul Lemmens, President, Ksenija Turković , Jon Fridrik Kjølbro, 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. A list of the applicants is set out in the appendix. The Turkish Government (“the Government”) were represented by their Agent.

A. The circumstances of the cases

2. The facts of the cases, as submitted by the parties, may be summarised as follows.

3. The applicants ’ respective plots of land were expropriated by the administration. Subsequently, pursuant to section 10 of Law no. 2942 proceedings were initiated before the first instance courts to determine the amount of compensations that should be awarded to the applicants. Based on expert reports, the domestic courts established the amount of compensations and these judgments were subsequently upheld by the Court of Cassation. No interest was applied to the amounts paid. The details of the applications may be found in the appendix.

B. Relevant domestic law and practice

4. A description of the domestic law regarding the new remedy introduced by Law no. 6384 may be found in Turgut and Others v. Turkey ( dec. ), no. 4860/09, 26 March 2013; Demiroğlu and Others v. Turkey ( dec. ), no. 56125/10, 4 June 2013; and Yıldız and Yanak v. Turkey ( dec. ), no. 44013/07, 27 May 2014.

COMPLAINTS

5. Relying on Article 6 and Article 1 of Protocol No. 1 to the Convention, the applicants complained about the financial loss they had suffered as a result of the late payment of the expropriation amounts. In this connection, they maintained that no interest had been applied to the amounts awarded by the courts, that the payment had not been made pursuant to Article 46 of the Constitution, and that the authorities had not complied with the three and a half month time-limit in paying the awarded sums.

6. Some of the applicants also complained under Article 6 of the Convention that the domestic courts had erred in the calculation of the awards.

7. Furthermore, in some cases, the applicants alleged under Article 8 of the Convention that their right to respect for their home had been breached as a result of the expropriation.

THE LAW

8. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

A. Complaint regarding the alleged financial loss suffered by the applicants

9. Relying on Article 6 and Article 1 of Protocol No. 1 to the Convention, the applicants complained about the financial loss they had suffered as a result of the late payment of the expropriation amounts.

10. The Court will examine this part of the application solely under Article 1 of Protocol No. 1 to the Convention (see Yetiş and Others v. Turkey , no. 40349/05, § 63, 6 July 2010, and Güleç and Armut v. Turkey ( dec. ), no. 25969/09, 16 November 2010).

11. The Government noted that pursuant to Law no. 6384 a new Compensation Commission had been established to deal with applications concerning the length of proceedings and the non-execution of judgments. They further noted that the competence of the Compensation Commission was subsequently enlarged by a decree adopted on 16 March 2014 to examine complaints relating to, among other things, the alleged loss of value of the amount of the expropriation compensation due to the effects of inflation and the length of the proceedings. Accordingly, they maintained that the applicants had not exhausted domestic remedies, as they had not made any application to the Compensation Commission.

12. The Court observes that, as pointed out by the Government, a new domestic remedy has been established in Turkey following the application of the pilot judgment procedure in the case of Ümmühan Kaplan v. Turkey (no. 24240/07, 20 March 2012). Subsequently, in its decision in the case of Yıldız and Yanak v. Turkey (( dec. ), no. 44013/07, 27 May 2014) , the Court declared an application inadmissible on the ground that the applicants had failed to exhaust domestic remedies, that is to say the new remedy. In so doing, the Court considered in particular that this new remedy was a priori accessible and capable of offering a reasonable prospect of redress for complaints concerning the depreciation of awards in expropriation cases.

13. The Court notes that in its decision in the case of Ümmühan Kaplan (cited above, § 77), it stressed that it could nevertheless examine, under its normal procedure, applications of that type which had already been communicated to the Government.

14. However, taking into account the Government ’ s preliminary objection with regard to the applicants ’ failure to make use of the new domestic remedy established by Law no. 6384, the Court reiterates its conclusion in the case of Turgut and others (( dec. ), no. 4860/09, 26 March 2013).

15. In view of the above, the Court concludes that this part of the applications should be rejected under Article 35 §§ 1 and 4 of the Convention for non ‑ exhaustion of domestic remedies .

B. Other complaints

16. The applicants also raised other complaints under Articles 6 and 8 of the Convention. However, in the light of the material in its possession and in so far as the matters complained of are within its competence, the Court finds that these complaints do not disclose any appearance of a violation of the rights and freedoms set out in the Convention or its Protocols.

17. It follows that this part of the applications is manifestly ill ‑ founded and must be rejected in accordance with the Article 35 § 3 and 4 of the Convention.

For these reasons, the Court, unanimously,

Decides to join the applications;

Declares inadmissible the applications.

Done in English and notified in writing on 20 October 2016 .

Hasan Bakırcı Paul Lemmens Deputy Registrar President

APPENDIX

No.

Application

no. and date introduction

Applicant ’ s name,

date of birth,

place of residence and Represented by

Place of property and Plot No.

Decision of the first-instance courts

Decision of the Court of Cassation

Action by the first-instance courts after the decision of the Court of Cassation

The final decision

39258/05 , lodged on 25/10/2005

Ahmet Çakmak

15/11/1949

NiÄŸde

Adil Aktay

The village of Başmakçı , parcel no. 79. (134,18 m2)

On 26 November 2002 the Ulukışla Civil Court awarded the applicant 61,702,673 TRL in compensation for expropriation and ordered the transfer of the title deed to the administration (2002/334-403 K.).

On 18 November 2003 the Court of Cassation quashed the decision (2003/7981-9107 K.).

On 31 December 2004 the court awarded the applicant an additional 59,285,633 TRL in compensation (2004/101-369K.).

On 10 May 2005 the Court of Cassation upheld the decision (2005/2404-4835 K.)

39270/05 , lodged on 25/10/2005

Ümmügülsüm Ekici

10/10/1965

Ankara

Fatma Demir

01/09/1967

Ä°zmir

Adil Aktay

The village of Toraman , parcel no. 59

(7528,72 m2)

On 12 July 2002 the Ulukışla Civil Court awarded the applicants 4,501,700,000 TRL in compensation for expropriation and ordered the transfer of the title deed to the administration (2002/241-253 K.).

On 4 November 2003 the Court of Cassation quashed the decision (2003/7377-8551 K.).

On 31 December 2004 the court awarded the applicants an additional 2,286,695,867 TRL in compensation (2004/102-366K.).

On 12 May 2005 the Court of Cassation upheld the decision (2005/2406-4994 K.).

4058/06 , lodged on 09/01/2006

Tevfik Yavuz Erkilet

03/11/1957

YeniÅŸehir / Ä°zmir

Adil Aktay

The village of Çiftehan , parcel no. 561

On 22 July 2002 the Ulukışla Civil Court awarded the applicant 32,803,665,725 TRL in compensation for expropriation and ordered the transfer of the title deed to the administration (2002/92-271 K.).

On 14 October 2003 the Court of Cassation quashed the decision (2003/6571-7684 K.)

On 21 April 2005 the court awarded the applicant an additional 23,230,091,879 TRL in compensation (2004/103-2005/61 K.).

On 19 July 2005 the Court of Cassation upheld the decision (2005/5339-7665 K.).

2106/07 , lodged on 20/11/2006

Ä°smail Bulduklar

01/01/1952

Adana

Ahmet Bulduklar

01/01/1957

Adana

Adil Aktay

The village of Tufanl ı , parcel no . 592

(6.304 m2)

On 4 November 2003 the Kozan Civil Court awarded the applicants 14,495,680,000 TRL in compensation for expropriation and ordered the transfer of the title deed to the administration (2003/137-425 K.).

On 23 March 2004 the Court of Cassation quashed the decision (2004/785-2237 K.).

On 8 April 2005 the court awarded the applicants an additional 7,373,994,000 TRL in compensation (2004/163-2005/148 K.).

On 23 May 2006 the Court of Cassation upheld the decision (2006/1733-4244 K.).

19566/07 , lodged on 05/05/2007

Ruhset Özenir

01/01/1943

Adana

Adil Aktay

The district of Zafer , parcel no. 5 (24,82 m2)

On 18 May 2004 the Pozanlı Civil Court awarded the applicant 1,711,150,000 TRL in compensation for expropriation and ordered the transfer of the title deed to the administration (2003/9-2004/237 K.).

On 15 February 2005 the Court of Cassation quashed the decision (2004/10572-2005/793K)

On 28 December 2005 the court awarded the applicant an additional 1,711,191 new Turkish liras (TRY) in compensation (2005/162-926 K.)

On 29 March 2007 the Court of Cassation rejected the applicant ’ s rectification request (20071145-2805 K.).

836/08 , lodged on 02/01/2008

Durmu ş Ali Ç ukur

29/07/1945

Ermenek

Adil Aktay

The village of Çavuş , block 112, parcel no.6

On 24 November 2004 the Ermenek Civil Court awarded the applicant 19,490 TRY in compensation for expropriation and ordered the transfer of the title deed to the administration (2004/71-374 K.).

On 22 September 2005 the Court of Cassation quashed the decision (2005/7268-8149 K.).

On 27 December 2006 the court awarded the applicant an additional 8,522 TRY in compensation (2006/148-470 K.).

On 26 November 2007 the Court of Cassation rejected the applicant ’ s rectification request (2007/9690-10162 K.).

872/08 , lodged on 02/01/2008

Emine Altunay

01/01/1922

Karaman

Hasan Altunay

01/02/1956

Ermenek

Adil Aktay

The village of Çavuş , block 114, parcel no.1

On 21 April 2005 the Ermenek Civil Court awarded the applicant 216,991 TRY in compensation for expropriation and ordered the transfer of the title deed to the administration (2004/83-2005/73 K.).

On 11 April 2006 the Court of Cassation quashed the decision (2005/10698-2006/2987 K.).

On 27 December 2006 the court awarded the applicants an additional 28,183 TRY in compensation (2006/228-471 K.).

On 3 December 2007 the Court of Cassation rejected the applicants ’ rectification request (2007/9677-10509 K.).

53290/08 , lodged on 25/10/2005

Yaşar Özkan

08/02/1956

NiÄŸde

Mustafa Özkan

01/09/1965

NiÄŸde

Hüsamettin Özkan

25/08/1970

NiÄŸde

Naciye Ãœnal

01/03/1959

NiÄŸde

Fatma Öz

15/04/1958

NiÄŸde

Zarife Özkan

01/01/1930

NiÄŸde

Ahmet Özkan

08/07/1962

NiÄŸde

Adil Aktay

The village of B aşmakçı , parcel no.13 ( 10.473 m2)

On 26 November 2002 the Ulukışla Civil Court awarded the applicants 4,816,340,142 TRL in compensation for expropriation and ordered the transfer of the title deed to the administration (2002/336-404 K.).

On 18 November 2003 the Court of Cassation quashed the decision (2003/7982-9108 K.).

On 31 December 2004 the court awarded the applicants an additional 4,627,464,200 TRL in compensation (2004/85-365 K.).

On 12 May 2005 the Court of Cassation upheld the decision (2005/2403-4996 K.).

53304/08 , lodged on 25/10/2008

Mahmut Ãœnal

01/01/1947

NiÄŸde

Adil Aktay

The village of Toraman , parcel no.99

On 20 August 2002 the Ulukışla Civil Court awarded the applicant 1,423,280,000 TRL in compensation for expropriation and ordered the transfer of the title deed to the administration (2002/246-258 K.).

On 10 June 2003 the Court of Cassation quashed the decision (2003/3397-4933 K.).

On 31 December 2004 the court awarded the applicant an additional 743,470,083 TRL in compensation (2003/332-2004/365 K

On 12 May 2005 the Court of Cassation upheld the decision (2005/2405-4993 K.).

41810/09 , lodged on 27/07/2009

Mehmet Aktepe

15/07/1938

Ermenek / Karaman

Adil Aktay

The village of Çavuş, block 141, parcel no.4 ( 133,95 m2)

On 24 November 2006 the Ermenek Civil Court awarded the applicant 17,373 TRY in compensation for expropriation and ordered the transfer of the title deed to the administration (2006/131E.- 397K.).

On 12 July 2007 the Court of Cassation quashed the decision (2007/3770 – 6883 K.).

On 23 September 2008 the court awarded the applicant an additional 17,373 TRY in compensation (2008/37-271 K.).

On 10 February 2009 the Court of Cassation upheld the decision (2008/12927- 2009/894 K.).

41811/09 , lodged on 27/07/2009

Mehmet Ali Bakır

19/01/1954

Karaman

Emine Altunay

01/09/1965

Karaman

Hasan Ali Bakır

15/10/1947

Karaman

Fatma Belen

10/05/1952

Karaman

Ay ş e Balcı

20/03/1963

Karaman

Adil Aktay

The village of Çavuş , block 146, parcel no..9 (134, 32 m2)

On 24 November 2006 the Ermenek Civil Court awarded the applicants 21,694 TRY in compensation for expropriation and ordered the transfer of the title deed to the administration (2006/139-404 K.).

On 12 July 2007 the Court of Cassation quashed the decision (2007/3769-6874 K.).

On 23 September 2008 the court awarded the applicants an additional 4,214 TRY in compensation (2008/43-277 K.).

On 10 February 2009 the Court of Cassation upheld the decision (2008/12904-2009/892 K.).

41812/09 , lodged on 27/07/2009

Ahmet Başçı

01/04/1957

Karaman

Fadime Atay

12/12/1947

Karaman

Hüseyin Başçı

01/08/1953

KaraÅŸan

Ülger Ünzüle

20/01/1950

Karaman

Adil Aktay

The village of Çavuş , block 146, parcel no..2 (134,37 m2)

On 24 November 2006 the Ermenek Civil Court awarded the applicants 11,646 TRY in compensation for expropriation and ordered the transfer of the title deed to the administration (2006/136-401K.).

On 5 July 2007 the Court of Cassation quashed the decision (2007/3801-6474K.).

On 23 September 2008 the court awarded the applicants an additional 7,594 TRY in compensation (2008/41-275K.).

On 10 February 2009 the Court of Cassation upheld the decision (2008/12905-898 K.).

41813/09, lodged on 27/07/2009

Mehmet Aktepe

15/03/1938

Karaman

Hatice Başçı

25/01/1934

Karaman

DurmuÅŸ Aktepe

02/10/1940

Karaman

Emine Gümrah

08/07/1949

Karaman

Adil Aktay

The village of Çavuş, block 141, parcel no.5 (79,67 m2)

On 24 November 2006 the Ermenek Civil Court awarded the applicants 16,051 TRY in compensation for expropriation and ordered the transfer of the title deed to the administration (2006/130-396).

On 29 January 2008 the Court of Cassation quashed the decision (2007/7682-2008/575).

On 23 September 2008 the court awarded the applicants an additional 4,577 TRY in compensation (2008/128-285).

On 16 February 2009 the Court of Cassation upheld the decision (2008/12892-2009/1188).

41814/09 , lodged on 27/07/2009

Ayşe Görgülü

20/10/1945

Karaman

Abdullah Osma

14/07/1956

Karaman

Tahsin Osma

01/02/1949

Karaman

Gülşen Sirke

04/03/1955

Karaman

Şerife Dündar

31/01/1950

Karaman

Adil Aktay

The village of Çavuş, block 145, parcel no.4 (153,47 m2)

On 24 November 2006 the Ermenek Civil Court awarded the applicants 14,760 TRY in compensation for expropriation and ordered the transfer of the title deed to the administration (2006/142-407).

On 12 July 2007 the Court of Cassation quashed the decision (2007/3762-6882).

On 23 September 2008 the court awarded the applicants an additional 8,583 TRY in compensation (2008/45-282K).

On 10 February 2009 the Court of Cassation upheld the decision (2008/12896-2009/896).

41815/09 , lodged on 27/07/2009

Ahmet Albayrak

01/09/1964

Karaman

Mehmet Albayrak

10/05/1970

Karaman

Hasgül Başçı

11/10/1954

Karaman

Sultan Altunay

07/01/1956

Karaman

Emine Çalışkan

01/04/1962

Karaman

Nursel Davranan

01/05/1966

Karaman

Elmas Çalışkan

01/12/1968

Karaman

Adil Aktay

The village of Çavuş, block 146, parcel no.7 (147,31 m2)

On 24 November 2006 the Ermenek Civil Court awarded the applicants 27,951 TRY in compensation for expropriation and ordered the transfer of the title deed to the administration (2006/141-406).

On 13 November 2007 the Court of Cassation quashed the decision (2007/8165-9689).

On 23 September 2008 the court awarded the applicants an additional 1,540 TRY in compensation (2008/130-287).

On 16 February 2009 the Court of Cassation upheld the decision (2008/12902-2009/1130 K.).

41816/09 , lodged on 27/07/2009

Hüseyin Altunay

Karaman

Adil Aktay

The village of Çavuş, block 144, parcel no.8 (288,47 m2)

On 24 November 2006 the Ermenek Civil Court awarded the applicant 31,181 TRY in compensation for expropriation and ordered the transfer of the title deed to the administration (2006/144-409).

On 5 July 2007 the Court of Cassation quashed the decision (2007/3810-6482).

On 23 September 2008 the court awarded the applicant an additional 5,700 TRY in compensation (2008/47-278K.).

On 10 February 2009 the Court of Cassation upheld the decision (2008/12901-2009/890).

41817/09 , lodged on 27/07/2009

Emine Ersoy

15/03/1938

Karaman

Emin Ersoy

12/11/1972

Karaman

DurmuÅŸ Ersoy

01/11/1976

Karaman

Adil Aktay

The village of Çavuş, block 146, parcel no.4 (465,73 m2)

On 24 November 2006 the Ermenek Civil Court awarded the applicant s 68,129 TRY in compensation for expropriation and ordered the transfer of the title deed to the administration (2006/129-395).

On 28 June 2007 the Court of Cassation quashed the decision (2007/3785-6182).

On 23 September 2008 the court awarded the applicants an additional 19,958 TRY in compensation (2008/36-270K.).

On 10 February 2009 the Court of Cassation upheld the decision (2008/12928-2009/887K.).

41818/09 , lodged on 27/07/2009

Dede Dündar

14/09/1931

Karaman

Fatma KeleÅŸ

20/06/1934

Ermenek

Kiraz Altunay

04/05/1939

Ermenek

Ayşe Kücükkaya

07/04/1944

Karaman

Ahmet Dündar

20/06/1947

Ermenek

Emine Albayrak

01/01/1922

Ermenek

Sıttıka Alpdoğan

24/04/1961

Ermenek

Fethiye Özdemir

01/01/1956

Ermenek

İsmail Dündar

01/12/1954

Ermenek

Adil Aktay

The village of Çavuş, block 146, parcel no.1 (161,50 m2)

On 24 November 2006 the Ermenek Civil Court awarded the applicant s 15,423 TRY in compensation for expropriation and ordered the transfer of the title deed to the administration (2006/128-394K.).

On 5 July 2007 the Court of Cassation quashed the decision (2007/3793-6471K.).

On 23 September 2008 the court awarded the applicants an additional 11,273 TRY in compensation (2008/35-269K.).

On 10 February 2009 the Court of Cassation upheld the decision (2008/12915-2009/888 K.).

41819/09 , lodged on 27/07/2009

Fatma Başçı

26/08/1933

Ermenek / Karaman

Adil Aktay

The village of Çavuş, block 146, parcel no.8 (184,31m2)

On 24 November 2006 the Ermenek Civil Court awarded the applicant 30,316 TRY in compensation for expropriation and ordered the transfer of the title deed to the administration (2006/140-405K.).

On 12 July 2007 the Court of Cassation quashed the decision (2007/3774-6885 K.).

On 23 September 2008 the court awarded the applicant an additional 5,955 TRY in compensation (2008/44-281 K.).

On 10 February 2009 the Court of Cassation upheld the decision (2008/12898-2009/895 K.).

41820/09 , lodged on 27/07/2009

Ayşe Ünlü

24/12/1942

Karaman

Adil Aktay

The village of Çavuş, block 146, parcel no.6 (226,41m2)

On 24 November 2006 the Ermenek Civil Court awarded the applicant 8,835 TRY in compensation for expropriation and ordered the transfer of the title deed to the administration (2006/138-403 K.).

On 12 July 2007 the Court of Cassation quashed the decision (2007/3771- 6886 K.).

On 23 September 2008 the court awarded the applicant an additional 5,142 TRY in compensation (2008/42-276 K.).

On 10 February 2009 the Court of Cassation upheld the decision (2008/12912-2009/889 K.).

41821/09 , lodged on 27/07/2009

Hasan Ali Bakır

15/10/1947

Karaman

Adil Aktay

The village of Çavuş, block 146, parcel no.10 (320,08 m2)

On 24 November 2006 the Ermenek Civil Court awarded the applicant 29,317 TRY in compensation for expropriation and ordered the transfer of the title deed to the administration (2006/132-398 K.).

On 5 July 2007 the Court of Cassation quashed the decision (2007/3809-6472 K.).

On 23 September 2008 the court awarded the applicant an additional 3,075 TRY in compensation (2008/38-272 K.).

On 10 February 2009 the Court of Cassation upheld the decision (2008/12907-2009/899 K.).

41822/09 , lodged on 27/07/2009

Mevlüt Başçı

05/02/1956

Ermenek / Karaman

Adil Aktay

The village of Çavuş, block 145, parcel no.1 (66,93 m2)

On 24 November 2006 the Ermenek Civil Court awarded the applicant 15,637 TRY in compensation for expropriation and ordered the transfer of the title deed to the administration (2006/127-393 K.)

On 12 July 2007 the Court of Cassation quashed the decision (2007/3768-6881 K.).

On 23 September 2008 the court awarded the applicant an additional 5,649 TRY in compensation (2008/34-268 K.).

On 10 February 2009 the Court of Cassation upheld the decision (2008/129-2009/891 K.).

41823/09 , lodged on 27/07/2009

Fermi Osma

13/04/1926

Karaman

Osman Osma

08/09/1955

Karaman

Åžerife Polat

01/01/1959

Karaman

Åžadiye Ersoy

01/04/1967

Karaman

Asiye Yesilyaprak

11/05/1947

Konya

Mustafa Osma

20/08/1960

Konya

Zübeyde Deniz

01/11/1971

Konya

Åžadiye Karadenizli

04/02/1963

Mersin

Adil Aktay

The village of Çavuş, block 145, parcel no.3 (226,53 m2)

On 24 November 2006 the Ermenek Civil Court awarded the applicants 26,491 TRY in compensation for expropriation and ordered the transfer of the title deed to the administration (2006/125-391 K.).

On 5 July 2007 the Court of Cassation quashed the decision (2007/3782-6478 K.).

On 23 September 2008 the court awarded the applicants an additional 11,385 TRY in compensation (2008/32-266 K.).

On 10 February 2009 the Court of Cassation upheld the decision (2008/12903-2009/897 K.).

44015/09 , lodged on 07/08/2009

Orhan Gülkan

01/01/1954

Mersin

Faruk Gülkan

01/01/1950

Mersin

Yüksel Sunar

Mersin

Adil Aktay

The district of Bey , block 1069, parcel no.93 (74,19m2)

On 11 September 2007 the Gaziantep Civil Court awarded the applicants 221,606 TRY in compensation for expropriation and ordered the transfer of the title deed to the administration (2007/150-361 K.).

On 27 May 2008 the Court of Cassation quashed the decision (2008/5260-7052 K.).

On 28 October 2008 the court awarded the applicants an additional 74,000 TRY in compensation (2008/336-512 K.).

On 28 April 2009 the Court of Cassation upheld the decision (2009/235-6530 K.).

44017/09 , lodged on 07/08/2009

Ayşe Başçı

12/02/1931

Karaman

Emine Albayrak

01/01/1922

Ermenek

Ayşe Güleç

01/05/1949

Karaman

Fadime Osma

10/05/1952

Karaman

Adil Aktay

The village of Çavuş, block 141, parcel no.2 (295,85 m2)

On 24 November 2006 the Ermenek Civil Court awarded the applicants 20,930 TRY in compensation for expropriation and ordered the transfer of the title deed to the administration (2006/123-389K.).

On 28 June 2007 the Court of Cassation quashed the decision (2007/3787-6181K.).

On 23 September 2008 the court awarded the applicants an additional 10,686 TRY in compensation (2008/30-263 K.).

On 3 March 2009 the Court of Cassation upheld the decision (2009/1887-2091 K.).

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ÇAKMAK AND OTHERS v. TURKEY

ÇAKMAK AND OTHERS v. TURKEY

LEXI