BAYRAM AND OTHERS v. TURKEY (European Court of Human Rights)

Last Updated on April 24, 2019 by LawEuro

Communicated on 8 January 2019

SECOND SECTION

Application no.7551/10
Mert CanBAYRAM and Others
against Turkey
lodged on 4 February 2010

SUBJECT MATTER OF THE CASE

The application concerns the applicants’ eviction of their house on the basis of a court decision delivered against them in 1994, whereby they were found to have unlawfully occupied part of certain plots.

The applicants complain of a violation of their rights under Article 1 of Protocol No. 1, arguing that the domestic authorities failed to take account of the notice in the Land Registry, according to which they had the ownership rights to the house on the impugned plots.

QUESTION tO THE PARTIES

Has there been an interference with the applicants’ peaceful enjoyment of possessions, within the meaning of Article 1 of Protocol No. 1, on account of their eviction from their house and the alleged damage caused to their belongings?

If so, was that interference in the public interest and in accordance with the conditions provided for by law?

In particular, did that interference impose an excessive individual burden on the applicants? In that connection, did the applicants have any rights to the house at issue on the basis of the Land Registry records pointing out that their testator was the owner of the house on the land? If so, did the domestic authorities take account of these records in executing the judgments for the prevention of unlawful occupation (müdahaleninmen’i) and in dismissing the applicants’ cases?

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