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ŞIHMAN AND OTHERS v. TURKEY

Doc ref: 55149/11 • ECHR ID: 001-188509

Document date: November 22, 2018

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ŞIHMAN AND OTHERS v. TURKEY

Doc ref: 55149/11 • ECHR ID: 001-188509

Document date: November 22, 2018

Cited paragraphs only

Communicated on 22 November 2018

SECOND SECTION

Application no. 55149/11 Ayşe Ayşın Ş I HMAN and O thers against Turkey lodged on 5 August 2011

SUBJECT MATTER OF THE CASE

The application concerns a dispute over the ownership of a piece of land (plot no.203) registered in the name of Treasury following a cadastral survey. The applicants objected to this registration, arguing that their title deeds, which they had acquired from the Treasury in 1934 as a result of an auction, had been disregarded. Their objection was rejected by the domestic courts which considered, among other things, that although the applicants ’ title deeds had covered the disputed land, their claims had to be rejected in that they had not used it.

The applicants complain under Article 1 of Protocol No. 1 to the Convention that by disregarding their title deeds, the domestic courts deprived them of their property without compensation.

QUESTION tO THE PARTIES

Has there been an interference with the applicants ’ peaceful enjoyment of possessions, within the m eaning of Article 1 of Protocol No. 1?

Have the applicants been deprived of their possessions in accordance with the conditions provided for by law, within the meaning of Article 1 of Protocol No. 1? In particular, did it impose an excessive individual burden on the applicants given the apparent absence of compensation?

APPENDIX

No.

First name

Last Name

Birth year

Nationality

Place of residence

Representative

Ayşe Ayşın ŞIHMAN

1936Turkish

Mersin

H. Dölek

Ayşegül FIRAT

1959Turkish

Mersin

H. Dölek

Feride Funda İREGÖL

1955Turkish

Mersin

H. Dölek

Emine Nil ÖZKILINÇ

1951Turkish

Mersin

H. Dölek

Ahmet Cem ÅžIHMAN

1959Turkish

Mersin

H. Dölek

Hasan ÅžIHMAN

1951Turkish

Mersin

H. Dölek

Havvana ÅžIHMAN

1931Turkish

Mersin

H. Dölek

İbrahim Erman ŞIHMAN

1951Turkish

Mersin

H. Dölek

İlhan Uğur ŞIHMAN

1963Turkish

Mersin

H. Dölek

Hamide UCUZ

1954Turkish

Mersin

H. Dölek

Şükran YILDIRIM

1964Turkish

Mersin

H. Dölek

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