KARAHAN AND OTHERS v. TURKEY

Doc ref: 9775/18 • ECHR ID: 001-218211

Document date: June 9, 2022

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KARAHAN AND OTHERS v. TURKEY

Doc ref: 9775/18 • ECHR ID: 001-218211

Document date: June 9, 2022

Cited paragraphs only

Published on 27 June 2022

SECOND SECTION

Application no. 9775/18 Fikriye KARAHAN and Others against Turkey (see list appended) communicated on 9 June 2022

SUBJECT MATTER OF THE CASE

The application concerns the rejection of a restitution request concerning expropriated lands (Çorlu, block 281 parcel 5 and 21) which were not used in totality in line with public interest.

Relying on Article 1 of Protocol No. 1 to the Convention, the applicants complain of a violation of their right to property.

QUESTIONS TO THE PARTIES

1. Has the totality of the expropriated land been used in the public interest?

2. If not, has such a situation violated the applicants’ right to peaceful enjoyment of their possessions within the meaning of Article 1 of Protocol No. 1 to the Convention ( Motais de Narbonne v. France , no. 48161/99, 2 July 2002, Beneficio Cappella Paolini v. San Marino , no. 40786/98, ECHR 2004 ‑ VIII)?

3. Is the land still used in line with public interest? If not, did the applicant have a legitimate expectation to obtain its restitution pursuant to the provisions of Law no. 2942? Did the rejection of their claim constitute an interference with this legitimate expectation? Did this interference comply with the requirements of Article 1 of Protocol No. 1?

The parties are invited to provide the Court with the relevant case-law of the domestic courts on Article 22 of Law no. 2942 (see Çiftçiler Joint Stock Company and Göksun v. Turkey (dec.), nos. 62323/09 and 64965/09, 24 November 2020).

APPENDIX

List of Applicants:

No.

Applicant’s Name

Year of birth/registration

1.Fikriye KARAHAN

1941

2.Ersin BAÅžTAR

1979

3.Mehmet Eyüp BAŞTAR

1952

4.Nilüfer BAŞTAR

1977

5.Nurten ÖZEN

1952

6.Ä°mran PEHLÄ°VAN

1964

7.Kemal PEHLÄ°VAN

1960

8.Nihat PEHLÄ°VAN

1946

9.Rehan PEHLÄ°VAN

1965

10.Salih PEHLÄ°VAN

1945

11.Åžehriban PEHLÄ°VAN

1939

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