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ÖZDEMIR v. TURKEY and 3 other applications

Doc ref: 5854/10;5877/10;5886/10;18471/11 • ECHR ID: 001-176197

Document date: July 11, 2017

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ÖZDEMIR v. TURKEY and 3 other applications

Doc ref: 5854/10;5877/10;5886/10;18471/11 • ECHR ID: 001-176197

Document date: July 11, 2017

Cited paragraphs only

Communicated on 11 July 2017

SECOND SECTION

Application no. 5854/10 Emine ÖZDEMIR against Turkey and 3 other applications (see list appended)

SUBJECT MATTER OF THE CASE

The present group contains 4 applications concerning complaints regarding the legal and physical restrictions imposed on the applicants ’ plots of land due to the construction of the Birecik Dam.

Claiming that their use of properties was completely restricted since their plots were in the absolute protection zone of the dam in question, and that the main roads leading to their properties had gone under water, the applicants brought actions and requested the expropriation of their respective plots before the domestic courts pursuant to Article 17 of the Regulations on Control of Water Pollution.

Relying on expert reports, which indicated that the value of their losses ranged from 18% to 40%, the domestic courts awarded each applicant a certain amount of compensation corresponding to the damage suffered, but did not order the expropriation of their respective plots of land.

The applicants complain under Article 1 of Protocol No.1 that despite the restrictions imposed on their properties, the domestic courts ’ refusal to expropriate them constitute a violation of their right to property. Invoking Article 6 of the Convention, they further complain that the domestic courts did not make any ruling on their request based on the Regulations on Control of Water Pollution, which foresees the expropriation of the properties located in the absolute protection zone of the dams.

QUESTIONs tO THE PARTIES

1. In the light of the Court ’ s judgement of Kutlu and Others v. Turkey (no. 51861/11 , 13 December 2016), was there a violation of the applicants ’ peaceful enjoyment of possessions within the meaning of Article 1 of Protocol No. 1 to the Convention due to the restrictions imposed on the applicants ’ respective plots of land?

2. In the light of the domestic law, in particular under Article 17 of the Regulations on Control of Water Pollution, did the applicants have a right to expropriation of their property? If so, did the fact that the domestic courts awarded the applicants a certain amount of compensation instead of ordering the expropriation of their plots of land, constitute a violation of applicants ’ right to property within the meaning of Article 1 of Protocol No. 1 to the Convention?

3. Did the proceedings at issue afford the applicants a reasonable opportunity of putting their cases to the relevant authorities for the purpose of effectively challenging the measures interfering with the rights guaranteed by Article 6 and Article 1 of Protocol No. 1 of the Convention (see Gereksar and Others v. Turkey , no.34764/05 and 3 others, 1 February 2011) ? In particular, did the domestic courts make any ruling on the applicants ’ expropriation requests based on Article 17 of the Regulations on Control of Water Pollution?

APPENDIX

List of applications

No.

Application no.

Lodged on

Applicant

Date of birth

Place of residence

Represented by

5854/10

11/01/2010

Emine ÖZDEMİR

01/01/1934

Şanlıurfa

Ferruh ÇAPAN

5877/10

11/01/2010

İsmail Hakkı ERDOĞAN

01/05/1952

Halfeti

Ferruh ÇAPAN

5886/10

11/01/2010

Hadice KANDAMAR

01/07/1931

Halfeti

Mustafa UYAN

02/08/1944

Ä°skenderun

Hasan UYAN

02/05/1946

Ä°skenderun

Hüseyin UYAN

27/04/1956

Ä°skenderun

Nuriye UYAN

03/12/1952

Ä°skenderun

Fehime YARDIMCI

16/07/1951

Ä°skenderun

Ferruh ÇAPAN

18471/11

07/01/2011

AyÅŸe KARAKUÅž

12/08/1941

Şanlıurfa

Mehmet Ali ALKESEN

28/07/1944

Şanlıurfa

Muhiddin DALKESEN

01/07/1933

Şanlıurfa

Ahmet DALKESEN

19/10/1947

Şanlıurfa

Hadice TOKSÖZ

24/12/1959

Şanlıurfa

Salih DALKESEN

01/01/1954

Şanlıurfa

Mehmet DALKESEN

01/01/1952

Şanlıurfa

Ferruh ÇAPAN

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