TIĞRAK v. TURKEY (European Court of Human Rights)

Communicated on 15 January 2019

SECOND SECTION

Application no.70306/10
Muhsine Rengin TIĞRAK
against Turkey
lodged on 2 November 2010

SUBJECT MATTER OF THE CASE

The application concerns the quashing of a final judgment in favour of the applicant as a result of a rectification of a material error proceedings (maddihatanındüzeltilmesi) before the Court of Cassation. The applicant alleges that the rectification of a material error proceedings in question were in fact an appeal in disguise and that the other party in the proceedings obtained a rehearing of the case contrary to the provisions of the Labour Courts Act and the Code of Civil Procedure. The case raises issues concerning respect for res judicata and the principle of legal certainty similar to those in Ryabykh v. Russia,no. 52854/99, ECHR 2003‑IX. The applicant complains under Article 6 § 1 and Article 1 of Protocol No. 1 to the Convention.

QUESTIONS tO THE PARTIES

1.  Has there been a breach of the applicant’s rights under Article 6 § 1 of the Convention as a result of the quashing of the final judgment in her favour by way of rectification of error proceedings (see, among many authories, Ryabykh v. Russia, cited above)? In that connection was the quashing of the final judgment in the applicant’s case justified by circumstances of a substantial and compelling character, such as correction of fundamental defects or miscarriage of justice (see Brumărescu v. Romania [GC], no. 28342/95, § 61, ECHR 1999‑VII, and Protsenko v. Russia, no. 13151/04, 31 July 2008 and COMPCAR, s.r.o.v. Slovakia, no. 25132/13, 9 June 2015)?

2.  Did the quashing of the final judgment in the applicant’s favour constitute an interference with her right to the peaceful enjoyment of the possession in the form of the judgment debt? If so, was such interference justified in terms of Article 1 of Protocol No. 1 to the Convention (see DRAFT – OVA a.s. v. Slovakia, no. 72493/10, 9 June 2015)?

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