Communicated on 23 January 2019<\/p>\n
SECOND SECTION<\/p>\n
Application no. 23189\/09
\nBahri SARA\u00c7 and others
\nagainst Turkey
\nlodged on 8 April 2009<\/p>\n
SUBJECT MATTER OF THE CASE<\/p>\n
The application concerns the accidental demolition of the applicants\u2019 property by a private contractor, which had undertaken to demolish the damaged buildings following the earthquake of 17 August 1999, and the compensation awarded to them by the Yalova Civil Court of General Jurisdiction.<\/p>\n
The applicants complain of a violation of their rights under Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention.<\/p>\n
QUESTIONS tO THE PARTIES<\/p>\n
1. Did the applicants have a fair hearing in the determination of their civil rights and obligations in accordance with Article 6 \u00a7 1 of the Convention, in particular, taking account of the decision of the Court of Cassation, whereby it upheld the first-instance court\u2019s judgment by amending the interest rate applied by the latter (see, mutatis mutandis, \u010cepek v. the Czech Republic, no. 9815\/10, \u00a7 48, 5 September 2013)?<\/p>\n
2. Has there been a violation of the applicants\u2019 peaceful enjoyment of possessions within the meaning of Article 1 of Protocol No. 1, on account of the domestic court\u2019s application of sections 43 and 44 of the Code of Obligations and the 25% deduction it made in determining the amount of compensation?<\/p>\n
In that connection, were the applicants provided with adequate procedural guarantees for their rights under Article 1 of Protocol No. 1 (see Gereksar and Others v. Turkey, nos. 34764\/05 and 3 others, 1 February 2011)?<\/p>\n
Moreover, was the default statutory interest rate sufficient vis-\u00e0-vis the monetary inflation rates during the given period (see, mutatis mutandis, Aka v. Turkey, 23 September 1998, Reports of Judgments and Decisions 1998\u2011VI)?LIST OF APPLICANTS<\/p>\n