Lexploria

SECOND SECTION

DECISION

Application no . 42107/04 Hasan EROÄžLU against Turkey and 2 0 other applications (see list appended)

The European Court of Human Rights (Second Section), sitting on 28 June 2016 as a Committee composed of:

Ksenija Turković , President, Jon Fridrik Kjølbro , Georges Ravarani , 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 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 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 a s 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 21 July 2016 .

Hasan Bakırcı Ksenija Turković Deputy Registrar President

APPENDIX

No.

Application No and Date of Introduction

Applicant ’ s Name, date of birth, place of residence and name of representative

Date on which the applicant initiated proceedings and plot no.

Information regarding the judgment of the first-instance courts

Information regarding the final decision of the Court of Cassation

42107/04

06/09/2004

Hasan EroÄŸlu

06/01/1944

NiÄŸde

Adil Aktay

29/03/2002

Plot no. 104/386

21/11/2003

Ulukışla Civil Court

(E : 2003/318,

K : 2003/505)

1 690 749 107 TRL

23/03/2004

(E : 2004/691, K : 2004/2241)

42108/04

06/09/2004

Ali Avcu

05/07/1926

Horuz

Adil Aktay

11/03/2002

Plot no. 563 (a)

19/12/2003

Ulukışla Civil Court

(E : 2003/141, K : 2003/540)

71 826 921 305 TRL

13/04/2004

(E : 2004/1619, K : 2004/3036)

42109/04

06/09/04

Ali Avcu

05/07/1926

Horuz

Adil Aktay

11/03/2002

Plot no. 563

19/12/2003

Ulukışla Civil Court

(E : 2003/139, K : 2003/538)

23 290 063 462 TRL

13/04/2004

(E : 2004/1629, K : 2004/303 7)

44627/09

10/08/2009

Abdullah Ünlü

20/08/1935

Karaman

Özlem Yıldız

28/03/2006

Plot no. 147/ 3

23/09/2008

Ermenek Civil Court

(E : 2008/40,

K : 2008/274)

33 547,63 TRY

02/03/2009

(E : 2008/12923, K : 2009/1886)

45988/09

17/08/2009

Fadime Altunay

25/10/1965

Karaman

Mehmet Gündüz

18/07/1968

Karaman

Hanım Çeyiz

25/02/1972

Konya

Hakkı Altunay

10/05/1954

Karaman

Hasan Altunay

05/04/1935

Karaman

Fatma Altunay

01/01/1929

Karaman

Hasibe Gündüz

01/01/1960

Karaman

Özlem Yıldız

28/03/2006

Plot no. 144/ 6

23/09/2008

Ulukışka Civil Court

(E : 2008/29, K : 2008/264)

38 260,09 TRY

03/03/2009

(E : 2009/947,

K : 2009/2088)

47356/09

24/08/2009

Mehmet Ali Bakır

19/01/1954

Emine Altunay

01/09/1965

Hasan Ali

Bakır

15/10/1947

Fatma Belen

10/05/1952

Ayşe Balcı

20/03/1963

Karaman

Özlem Yıldız

28/03/2006

Plot no. 151/ 35

23/09/2008

Ermenek Civil Court

(E/2008/87, K/2008/284)

2 298,66 TRY

02/03/2009

(E/2008/12895, K/209/1885)

47412/09

25/08/2009

Fadime Armut

13/11/1972

Karaman

Özlem Yıldız

28/03/2006

Plot no. 150/ 4

23/09/2008

Ermenek Civil Court

(E : 2008/129,

K : 2008/286)

3 905, 45 TRY

02/03/2009

(E : 2008/12908, K : 2009/1884)

47982/09

10/08/2009

Hasan Korkmaz

03/07/1959

Karaman

Adil Aktay

28/03/2006

Plot no. 150/ 5

23/09/2008

Ermenek Civil Court

(E : 2008/39, K : 2008/273)

14 917,71 TRY

02/03/2009

(E : 2008/1291, K : 2009/1889)

47987/09

10/08/2009

Ayşe Başcı

12/02/1931

Karaman

Ä°smail KeÅŸyapan

01/12/1977

Karaman

Serkan KeÅŸyapan

07/02/1982

Karaman

Erdal KeÅŸyapan

01/03/1980

Karaman

Zehra KeÅŸyapan 03/10/1952

Karaman

Mehmet Ali

Başçı

06/05/1949

Karaman

Fadime ÅžimÅŸek

25/06/1959

Karaman

Kamil Başçı

01/02/1962

Karaman

Mehmet

Başçı

01/04/1967

Karaman

Şerife Yaldız

07/04/1970

Karaman

Ahmet Başçı

15/01/1955

Karaman

Adil Aktay

28/03/2006

Plot no. 146/ 8

23/09/2008

Ermenek Civil Court

(E : 2008/46, K : 2008/283)

42 836,91 TRY

02/03/2009

(E : 2008/12922, K : 2009/1887)

49789/09

15/08/2009

Özdemir Dede

01/03/1945

Karaman

Özlem Yıldız

23/02/2006

Plot no. 101/ 17

01/09/2008

Ermenek Civil Court

(E : 2008/26,

K : 2008/241)

28 946,09 TRY

16/03/2009

(E : 209/1824, K : 2009/2608)

49799/09

15/08/2009

Teslime Toklu

15/01/1959

Karaman

Özlem Yıldız

23/02/2006

Plot no. 101/ 10

01/09/2008

Ermenek Civil Court

(E : 2008/25,

K : 2008/240)

13 924,44 TRY

30/03/2009

(E : 2009/2988, K : 2009/3408)

53149/09

29/09/2009

Åžefika Demir

11/02/1949

Karaman

Özlem Yıldız

09/10/2006

Plot no. 139/ 13

30/12/2008

Ermenek Civil Court

(E : 2008/53,

K : 2008/362)

149 859,09 TRY

30/03/2009

(E : 2009/2998, K : 2009/3407)

53152/09

29/09/2009

Hatice Kalkan

01/01/1927

Karaman

Özlem Yıldız

09/10/2006

Plot no. 140/ 4

30/12/2008

Ermenek Civil Court

(E : 2008/58,

K : 2008/366)

165 735, 40 TRY

30/03/2009

(E : 2009/2996, K : 2009/3406)

53691/09

05/10/2009

Mustafa Kalkan

20/08/1945

Karaman

Özlem Yıldız

09/10/2006

Plot no. 140/ 3

30/12/2008

Ermenek Civil Court

(E : 2008/57, K : 2008/365)

45 544,62 TRY

06/04/2009

(E : 2009/2990, K : 2009/3772)

53692/09

05/10/2009

Mehmet Başçı

03/03/1955

Karaman

Özlem Yıldız

09/10/2006

Plot no. 139/ 31

30/12/2008

Ermenek Civil Court

(E : 2008/56,

K : 2008/364)

233 995,97 TRY

06/04/2009

(E : 2009/2997, K : 2009/3775)

53694/09

05/10/2009

Mehmet Başçı

01/04/1967

Karaman

Özlem Yıldız

09/10/2006

Plot no. 139/ 5

30/12/2008

Ermenek Civil Court

(E : 2008/132, K : 2008/370)

71 449,34 TRY

(paid on 30/12/2008)

06/04/2009

(E : 2009/2992, K : 2009/3770)

53698/09

05/10/2009

Osman Tuna

20/03/1951

Karaman

Özlem Yıldız

09/10/2006

Plot no. 151/ 37

30/12/2008

Ermenek Civil Court

(E : 2008/59, K : 2008/367)

76 827,50 TRY

(paid on 31/12/2008)

06/04/2009

(E : 2009/2999, K : 2009/3771)

54814/09

05/10/2009

Emine Altunay

01/01/1938

Karaman

Özlem Yıldız

09/10/2006

Plot no. 151/ 33

30/12/2008

Ermenek Civil Court

(E : 2008/60, K : 2008/368)

208 562,67 TRY

(paid on 31/12/2008)

06/04/2009

(E : 2009/2995, K : 2009/3773)

54842/09

05/10/2009

Mustafa Kalkan

20/08/1945

Karaman

Özlem Yıldız

09/10/2006

Plot no. 139/ 12

30/12/2008

Ermenek Civil Court

(E : 2008/52,

K : 2008/361)

180 864,63 TRY

(paid on 30/12/2008)

06/04/2009

(E : 2009/2991, K : 2009/3774)

56460/09

12/10/2009

Asiye YeÅŸilyaprak

10/11/1957

Karaman

Emine DaÄŸ

15/07/1966

Ermenek

Salahaddin ÅžimÅŸek

15/10/1968

Karaman

Erol ÅžimÅŸek

25/07/1972

Karaman

Ali ÅžimÅŸek

04/08/1960

Karaman

Özlem Yıldız

09/10/2006

Plot no. 128/ 1

30/12/2008

Ermenek Civil Court

(E : 2008/50,

K : 2008/360)

446 268,96 TRY

(paid on 30/12/2008)

13/04/2009

(E : 2009/2989, K : 2009/4075)

56478/09

12/10/2009

Mehmet Başçı

03/03/1955

Karaman

Özlem Yıldız

09/10/2006

Plot no. 139/ 30

30/12/2008

Ermenek Civil Court

(E : 2008/55, K : 2008/363)

846 795, 26 TRY

(paid on 30/12/2008)

13/04/2009

(E : 2009/3000, K : 2009/4076)

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EROĞLU AND OTHERS v. TURKEY

EROĞLU AND OTHERS v. TURKEY

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