ŞENAL AND OTHERS v. TURKEY

Doc ref: 76019/17 • ECHR ID: 001-200278

Document date: December 12, 2019

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ŞENAL AND OTHERS v. TURKEY

Doc ref: 76019/17 • ECHR ID: 001-200278

Document date: December 12, 2019

Cited paragraphs only

Communicated on 12 December 2019

SECOND SECTION

Application no. 76019/17 Taliye ÅžENAL and others against Turkey lodged on 5 October 2017

SUBJECT MATTER OF THE CASE

The application concerns the non-execution of a decision delivered by the Ankara Civil Court (Case no. 2012/549 E., 2013/822 K.) in 2013, whereby the applicants were awarded compensation for de facto expropriation of their land by the Ankara Municipality.

In 2014 the applicants complained before the Constitutional Court about, inter alia , the non ‑ execution of the Ankara Civil Court ’ s judgment.

On 10 May 2017 the Constitutional Court found a violation of the applicants ’ right of access to court and right to property on account of the impugned non ‑ execution and awarded the applicants compensation in respect of non-pecuniary damage.

The applicants complain of a violation of their rights under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention arguing that the decision in their favour has not been executed despite the decision of the Constitutional Court finding a violation for the non-execution of the domestic court ’ s judgment.

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 decision delivered by the Ankara Civil Court (see Kuzu v. Turkey , no. 13062/03, 17 January 2006; Yerebasmaz v. Turkey , no. 14710/03, 10 October 2006; Ak v. Turkey , no. 27150/02, 31 July 2007; M. Kaplan v. Turkey , no. 29016/04, 9 December 2008; and Necati Erol v. Turkey , no. 4387/08, 3 November 2011)?

APPENDI X

No.

Applicant ’ s Name

Birth date

Nationality

Place of residence

1Taliye ÅžENAL

20/12/1963

Turkish

Zonhoven

2Karagülmez ÇAK I

01/05/1962

Turkish

Ankara

3Bayram ÖZDEMİR

05/01/1956

Turkish

NevÅŸehir

4Derviş ÖZDEMİR

23/01/1950

Turkish

NevÅŸehir

5Mustafa ÖZDEMİR

15/01/1962

Turkish

Baarn

6Yaşar ÖZDEMİR

10/01/1958

Turkish

Ankara

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