CEDH · CASELAW;DECISIONS;ADMISSIBILITY;ENG — 30 mars 2006

.s800EAC49 { font-size:12pt } .s523616E0 { margin-top:0pt; margin-bottom:12pt; text-align:center; font-size:14pt } .sBB9EE52A { font-family:Arial } .s5BA5B7C7 { margin-top:12pt; margin-bottom:12pt; text-align:center; font-size:14pt } .s662121A1 { margin-top:12pt; margin-bottom:12pt; text-align:center } .s87F05BA2 { margin-top:12pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sB9D5CABB { width:28.35pt; display:inline-block } .s61ED8A2B { width:14.36pt; display:inline-block } .s61E420C2 { font-family:Arial; font-variant:small-caps } .sA36B60A1 { font-family:Arial; font-style:italic } .s84D0D60A { width:8.36pt; display:inline-block } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .sEC177689 { margin-top:0pt; margin-bottom:36pt; text-indent:14.2pt; text-align:justify } .s967D43C6 { margin-top:36pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s401C450A { margin-top:12pt; margin-bottom:18pt; text-indent:14.2pt; text-align:justify } .s7EE1C8F0 { margin-top:18pt; margin-left:29.2pt; margin-bottom:12pt; text-indent:-17.6pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sE7C30868 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify } .sB6F98828 { margin-top:12pt; margin-left:36.6pt; margin-bottom:18pt; text-indent:-15.05pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s4C93F7B0 { margin-top:18pt; margin-bottom:6pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s984A15CA { margin-top:6pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s6477A72F { margin-top:0pt; margin-bottom:6pt; text-indent:14.2pt; text-align:justify } .sA1CDB767 { margin-top:6pt; margin-left:21.25pt; margin-bottom:12pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .s988F61DE { margin-top:12pt; margin-left:21.25pt; margin-bottom:18pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .s197FB613 { margin-top:6pt; margin-left:21.25pt; margin-bottom:18pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .sA1152ADB { margin-top:6pt; margin-left:20.15pt; margin-bottom:18pt; text-indent:8.8pt; text-align:justify; font-size:10pt } .sFD4D42B6 { margin-top:12pt; margin-left:21.25pt; margin-bottom:6pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .sD5DF731 { margin-top:0pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify } .s34D46E87 { margin-top:12pt; margin-bottom:6pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s9D48DD53 { margin-top:6pt; margin-left:21.25pt; margin-bottom:6pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .s1B6AF0FA { margin-top:6pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sEC2CB098 { margin-top:6pt; margin-bottom:6pt; text-indent:14.2pt; text-align:justify } .s281358E1 { margin-top:12pt; margin-left:21.25pt; margin-bottom:12pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .s8C6C4B { width:7.65pt; text-indent:0pt; display:inline-block } .s20938401 { margin-top:12pt; margin-bottom:12pt; text-indent:8.8pt; text-align:justify } .s1913A4C6 { margin-top:6pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify } .s5BB2FE02 { margin-top:12pt; margin-bottom:18pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s360DA689 { margin-top:18pt; margin-left:48.75pt; margin-bottom:6pt; text-indent:-17pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s8378218E { margin-top:12pt; margin-left:48.75pt; margin-bottom:6pt; text-indent:-17pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .sC702907E { margin-top:12pt; margin-left:36.6pt; margin-bottom:6pt; text-indent:-15.05pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s9DAED311 { width:4.99pt; text-indent:0pt; display:inline-block } .s11869A80 { margin-top:0pt; margin-bottom:18pt; text-indent:14.2pt; text-align:justify } .s3B3A5DE9 { margin-top:12pt; margin-bottom:36pt; text-indent:14.2pt; text-align:justify } .sC443675D { margin-top:36pt; margin-bottom:30pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s3C0142D3 { margin-top:30pt; margin-left:29.2pt; margin-bottom:12pt; text-indent:-17.6pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s40E9DAE9 { margin-top:12pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s3E2DB4A0 { margin-top:18pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s9C864DC2 { width:5.6pt; text-indent:0pt; display:inline-block } .s507703F { margin-top:12pt; margin-bottom:6pt; text-indent:14.2pt; text-align:justify } .s2D9C6089 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sE5338F84 { margin-top:12pt; margin-left:14.2pt; margin-bottom:12pt; text-align:justify } .s7714A00D { margin-top:12pt; margin-left:14.2pt; margin-bottom:36pt; text-align:justify } .s53D63747 { margin-top:36pt; margin-bottom:36pt; page-break-inside:avoid; page-break-after:avoid } .sEF8F76C5 { width:20.87pt; display:inline-block } .sE5EF7E53 { width:190.09pt; display:inline-block } .s7602FED2 { width:18.21pt; display:inline-block } .sC1AC44A4 { width:228.11pt; display:inline-block } .s7779956E { margin-top:36pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s76CF415B { page-break-before:always; clear:both } .sADADF4A7 { font-family:Arial; text-decoration:underline } .s31EEE7E5 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify; line-height:150% } .s6B505E72 { margin:0pt; padding-left:0pt } .sD8DCFA94 { margin-left:15.01pt; text-align:justify; line-height:200%; padding-left:2.99pt; font-family:Arial } .s2074421C { width:31.96pt; display:inline-block } .s23A41E03 { width:36pt; display:inline-block } .sEC10D7D4 { width:18.62pt; display:inline-block } .sD865719B { width:28.63pt; display:inline-block } .s7B8ED9AE { width:29.97pt; display:inline-block } .s80A1596F { margin-left:18pt; text-align:justify; line-height:200%; font-family:Arial } .s8D17540A { width:21.95pt; display:inline-block } .sEE672C4F { width:5.97pt; display:inline-block } .s8AFB426F { width:32.67pt; display:inline-block } .s1B325EC3 { width:18.66pt; display:inline-block } .sDB9EB187 { font-weight:bold } .sAFF05D35 { width:2.61pt; display:inline-block } .s8A456210 { width:15.94pt; display:inline-block } .s307223E7 { width:5.98pt; display:inline-block } .s2E50B6C1 { width:27.96pt; display:inline-block } .sF7CE47DC { width:1.29pt; display:inline-block } .s3EDDE83F { width:12.62pt; display:inline-block } .s1C41B5F6 { width:31.29pt; display:inline-block } .s8D55256E { width:34.59pt; display:inline-block } .s885D5758 { margin-top:0pt; margin-bottom:0pt; line-height:200% } .sB613FC01 { width:34.6pt; display:inline-block } THIRD SECTION DECISION AS TO THE ADMISSIBILITY OF Applications nos. 489/02, 26200/02, 491/02, 26364/02, 26366/02, 26368/02, 25948/02, 25960/02, 26033/02, 29559/02, 25967/02, 26030/02, 26031/02, 26032/02, 26197/02, 26407/02, 27726/02, 29886/02, 26188/02, 26190/02, 30062/02, 26191/02, 26195/02, 26374/02, 26376/02, 26377/02, 26378/02, 30387/02, 26206/02, 30393/02, 26216/02, 26221/02, 26223/02, 29149/02, 26361/02, 26741/02, 26751/02, 26355/02, 26387/02, 26391/02, 26394/02, 26400/02, 26403/02, 26411/02, 26418/02, 26420/02, 26422/02, 10773/02, 26380/02, 26426/02, 26428/02, 29574/02, 26724/02, 27731/02, 27735/02, 29555/02, 32908/02, 30389/02, 26192/02, 26193/02, 26202/02, 26208/02, 26212/02, 26214/02, 29145/02, 27729/02, 29557/02, 30038/02, 30403/02, 16301/02   and   11849/02 by Rıza YILDIZ and Others against Turkey The European Court of Human Rights (Third Section), sitting on 30   March 2006 as a Chamber composed of:   Mr   B.M. Zupančič , President ,   Mr   J. Hedigan ,   Mr   L. Caflisch ,   Mr   R. Türmen ,   Mr   C. Bîrsan ,   Mrs   A. Gyulumyan ,   Mrs   R. Jaeger, judges , and Mr V. Berger , Section Registrar , Having regard to the above applications lodged in 2001 and 2002, Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the cases together, Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants, Having deliberated, decides as follows: THE FACTS The applicants, whose names appear in the appendix, are Turkish nationals. They currently live in Istanbul. They are represented before the Court by Mr M.A. Kırdök, Mr Özcan Kılıç and Mr Hasan Kemal Elban, lawyers practising in Istanbul. A.     The circumstances of the cases The facts of the cases, as submitted by the parties, may be summarised as follows. 1.     The applicants’ version of the facts Application no. 489/02 by Rıza Yıldız and Kemal Paçavra Until October 1994 the applicants lived in Memetler and Paçolar respectively, hamlets of the Kozluca village, in the Ovacık district in Tunceli, where they own property. In October 1994 security forces forcibly evacuated Memetler and Paçolar on account of disturbances in the region. They also destroyed the applicants’ property. The applicants and their families then moved to Ovacık, where they currently live. On 20 April 2001 the applicants filed petitions with the District Governor’s office in Ovacık requesting permission to return to their village. On 23 April 2001 the District Governor’s office in Ovacık sent the following response to the applicants: “It is established by the decision of the Administrative Council of 23 June 1995 that your village was burned down by terrorists. Therefore there is no basis to start an investigation against the state officers. Your petition will be considered under the ‘Return to the Village and Rehabilitation Project.” Application no. 26200/02 by Teslim Yıldız Until October 1994 the applicant lived in Memetler, a hamlet of the Kozluca village, in the Ovacık district in Tunceli. It is to be noted that the applicant did not submit any certificate attesting his ownership of property in Kozluca. In October 1994 security forces forcibly evacuated Memetler on account of disturbances in the region. They also destroyed the applicant’s property. The applicant and his family then moved to Istanbul, where they currently live. On an unknown date the applicant filed a petition with the District Governor’s office in Ovacık requesting permission to return to his village. On 31 October 2001 the State of Emergency Unit of the District Governor’s office in Ovacık sent the following reply to the applicant: “Your petition containing a request of permission to return to your village has been received by the District Governor’s office and will be considered under the ‘Return to the Village and Rehabilitation Project’.” Application no. 491/02 by Şemsettin Güneşdoğdu   Until October 1994 the applicant lived in Hüllükuşağı, a village of the Ovacık district in Tunceli, where he owns property. In October 1994 security forces forcibly evacuated Hüllükuşağı on account of disturbances in the region. They also destroyed the applicant’s property. The applicant and his family then moved to the Eğripınar village in the Ovacık district, where they currently live. On an unknown date the applicant filed a petition with the District Governor’s office in Ovacık requesting permission to return to his village. On 10 May 2001 the District Governor’s office in Ovacık sent the following reply to the applicant: “Your petition containing a request of permission to return to your village has been received by the District Governor’s office and will be considered under the ‘Return to the Village and Rehabilitation Project’.” Applications nos. 26364/02, 26366/02 and 26368/02 by Hüseyin Emre, Dursun Emre and Doğan Emre Until October 1994 the applicants lived in Hüllükuşağı, a village of the Ovacık district in Tunceli, where they own property. It is to be noted that another person, Hasan Emre, appears to be the owner of the property in question on the documents submitted to the Court. In October 1994 security forces forcibly evacuated Hüllükuşağı on account of disturbances in the region. They also destroyed the applicants’ property. The applicants and their families then moved to Istanbul where they currently live. On an unknown date the applicants filed a petition with the District Governor’s office in Ovacık requesting permission to return to their village. On 10 May 2001 the District Governor’s office in Ovacık sent the following reply to the applicants: “Your petition containing a request of permission to return to your village has been received by the District Governor’s office and will be considered under the ‘Return to the Village and Rehabilitation Project’.” Application no. 258948/02 by Nazmiye Yetüt Until October 1994 the applicant lived in Kuşluca, a village of the Ovacık district in Tunceli. It is to be noted that the title deeds to the property that the applicant used in Kuşluca bear the applicant’s                 father-in-law’s name. In October 1994 security forces forcibly evacuated Kuşluca on account of disturbances in the region. They also destroyed the applicant’s property. The applicant and her family then moved to Ovacık, where they currently live. On 18 September 2001 the applicant filed a petition with the Governor’s office in Tunceli requesting permission to return to her village. On 22 March 2002 District Governor’s office in Ovacık sent the following reply to the applicant: “Your petition containing a request of permission to return to your village has been received by the District Governor’s office and will be considered under the ‘Return to the Village and Rehabilitation Project’.” Application no. 25960/02 by Günali Haykır Until October 1994 the applicant lived in Kuşluca, a village of the Ovacık district in Tunceli, where he owns property. It is to be noted that his father Mehmet Haykır appears to be the owner of the property in question on the documents submitted to the Court. In October 1994 security forces forcibly evacuated Kuşluca on account of disturbances in the region. They also destroyed the applicant’s property. The applicant and his family then moved to Istanbul, where they currently live. On 4 October 1994 the applicant lodged a petition with the Public Prosecutor’s office in Ovacık complaining about the burning down of his house by the security forces on 3 October 1994. On 25 October 1995 the office of Administrative Council of the District Governor’s office in Ovacık sent a letter to the applicant stating that there would not be an investigation into his allegations as the perpetrators of the alleged acts could not be identified. On 20 August 2001 the applicant filed a petition with the District Governor’s office in the district of Bağcılar in Istanbul to be referred to the District Governor’s office in Ovacık requesting permission to return to his village. On 31 October 2001 the State of Emergency Unit of the District Governor’s office in Ovacık sent the following reply to the applicant: “Your petition containing a request of permission to return to your village has been received by the District Governor’s office and will be considered under the ‘Return to the Village and Rehabilitation Project’.” Application no. 26033/02 by Saime Günaçan Until October 1994 the applicant lived in Kuşluca, a village of the Ovacık district in Tunceli, where she owns property. It is to be noted that the applicant stated in her application that the property in question is registered in the name of her husband’s brother. The applicant further stated that she owns property which is registered in the name of her father, in a neighbouring village, Hanuşağı. In October 1994 security forces forcibly evacuated Kuşluca on account of disturbances in the region. They also destroyed the applicant’s property. The applicant and her family then moved to Istanbul, where they currently live. On 3 September 2001 the applicant filed a petition with the District Governor’s office in Ovacık requesting permission to return to her village. On 31 October 2001 the State of Emergency Unit of the District Governor’s office in Ovacık sent the following reply to the applicant: “Your petition containing a request of permission to return to your village has been received by the District Governor’s office and will be considered under the ‘Return to the Village and Rehabilitation Project’.” Application no. 29559/02 by Hıdır Bilir Until October 1994 the applicant lived in Kuşluca, a village of the Ovacık district in Tunceli. It is to be noted that the title deeds to the property that the applicant used in Kuşluca bear his father’s name. In October 1994 security forces forcibly evacuated Kuşluca on account of disturbances in the region. They also destroyed the applicant’s property. The applicant and his family then moved to Istanbul, where they currently live. On 4 October 1994 the applicant lodged a petition with the Public Prosecutor’s office in Ovacık complaining about the burning down of his house by the security forces on 3 October 1994. On 25 October 1995 the office of Administrative Council of the District Governor’s office in Ovacık sent a letter to the applicant stating that there would not be an investigation into his allegations as the perpetrators of the alleged acts could not be identified. On 30 April 2002 the applicant filed a petition with the District Governor’s office in Ovacık requesting permission to return to his village. On 13 May 2002 the State of Emergency Unit of the District Governor’s office in Ovacık sent the following reply to the applicant: “Your petition containing a request of permission to return to your village has been received by the District Governor’s office and will be considered under the ‘Return to the Village and Rehabilitation Project’.” Application no. 25967/02 by Hıdır Yıldız Until October 1994 the applicant lived in Yazıören, a village of the Ovacık district in Tunceli, where he owns property. In October 1994 security forces forcibly evacuated Yazıören on account of disturbances in the region. They also destroyed the applicant’s property. The applicant and his family then moved to the Havuzlu village, in the district of Ovacık, where they currently live. In 2000 the applicant lodged a petition with the District Governor’s office in Ovacık requesting permission to benefit from the pre-fabricated housing units that would be built. On 22 December 2000 the District Governor’s office in Ovacık sent the following reply to the applicant: “Your petition containing a request of permission to benefit from the prefabricated housing units has been received. However, the new houses will be used by those who are already residents in prefabricated buildings. Your petition will be considered under the ‘Return to the Village and Rehabilitation Project’.” On 4 December 2001 the applicant lodged a petition with the Ministry of the Interior requesting permission to return to his village. On 7 December 2001 the Ministry of the Interior received the applicant’s petition. On 24 December 2001 the applicant was notified about the response of the Ministry of the Interior by a police officer. The Ministry informed the applicant that returning to his village, Yazıören, was forbidden and his petition would be considered under the “Return to the Village and Rehabilitation Project”. The applicant did not receive a written copy of the Ministry’s response. Application no. 26030/02 by Celal Yıldız Until October 1994 the applicant lived in Yazıören, a village of the Ovacık district in Tunceli, where he owns property. It is to be noted that another person, Veli Yıldız, appears to be the owner of the property in question on the document submitted to the Court. In October 1994 security forces forcibly evacuated Yazıören on account of disturbances in the region. They also destroyed the applicant’s property. The applicant and his family then moved to Istanbul where they currently live. On 5 November 2001 the applicant filed a petition with the Ministry of the Interior requesting permission to return to his village. On 10 December 2001 the State of Emergency Unit of the Governor’s office in Tunceli sent the following reply to the applicant: “Return to the Yazıören village is forbidden for security reasons. However, you can return and reside in Mollaaliler, Çakmaklı, Güneykonak, Havuzlu, Konaklar and Yoncalı villages. Furthermore, your petition will be considered under the ‘Return to the Village and Rehabilitation Project’.” Application no. 26031/02 by Hasan Yapışkan Until October 1994 the applicant lived in Yazıören, a village of the Ovacık district in Tunceli. It is to be noted that the title deeds to the property that the applicant used in Yaziören bear his father’s name. In October 1994 security forces forcibly evacuated Yazıören on account of disturbances in the region. They also destroyed the applicant’s property. The applicant and his family then moved to Istanbul where they currently live. On an unknown date the applicant filed a petition with the District Governor’s office in Ovacık requesting permission to return to his village. On 16 January 2002 the State of Emergency Unit of the District Governor’s office in Ovacık sent the following reply to the applicant: “Your petition containing a request of permission to return to your village has been received by the District Governor’s office and will be considered under the ‘Return to the Village and Rehabilitation Project’.” Application no. 26032/02 by Veli Yıldız Until October 1994 the applicant lived in Yazıören, a village of the Ovacık district in Tunceli, where he owns property. It is to be noted that the applicant did not submit any certificate attesting his ownership of property in Yazıören. In October 1994 security forces forcibly evacuated Yazıören on account of disturbances in the region. They also destroyed the applicant’s property. The applicant and his family then moved to the Mollaaliler village, in the district of Ovacık, where they currently live. On an unknown date the applicant filed a petition with the Ministry of the Interior requesting permission to return to his village. On 19 February 2002 the applicant was notified about the response of the Ministry of the Interior by a state officer. The Ministry informed the applicant that his petition would be considered under the “Return to the Village and Rehabilitation Project”. The applicant did not receive a written copy of the Ministry’s response. Application no. 26197/02 by Mahmut Dolu Until October 1994 the applicant lived in Yazıören, a village of the Ovacık district in Tunceli, where he owns property. It is to be noted that on the documents submitted to the Court, other persons with the family name “Dolu” appear to be the owners of the property in question. In October 1994 security forces forcibly evacuated Yazıören on account of disturbances in the region. They also destroyed the applicant’s property. The applicant and his family then moved to Istanbul where they currently live. On an unknown date the applicant lodged a petition with the Public Prosecutor’s office in Ovacık complaining about the burning down of his house by the security forces on 4 October 1994. On 9 December 1994 the Ovacık Public Prosecutor issued a decision of non-jurisdiction and sent the case file to the office of the Administrative Council in Ovacık, in accordance with Article 4 §§ b and ı of          Decree no. 285 and the Law on the Prosecution of Civil Servants ( Memurin Muhakematı Kanunu ). On 7 March 2002 the applicant filed a petition with the District Governor’s office in Ovacık requesting permission to return to his village. On 12 March 2002 the State of Emergency Unit of the District Governor’s office in Ovacık sent the following reply to the applicant: “Your petition containing a request of permission to return to your village has been received by the District Governor’s office and will be considered under the ‘Return to the Village and Rehabilitation Project’.” Applications nos. 26407/02 and 27726/02 by Mehmet Ekici and Ahmet Ekici Until October 1994 the applicants lived in Yazıören, a village of the Ovacık district in Tunceli. It is to be noted that the title deeds to the property that the applicants used in Yaziören bear their father’s name. In October 1994 security forces forcibly evacuated Yazıören on account of disturbances in the region. They also destroyed the applicants’ property. The applicants and their families then moved to Istanbul where they currently live. On 7 February 2002 the applicants lodged petitions with the Governor’s Office in Istanbul to be referred to the Governor’s Office in Tunceli requesting permission to return to their village. On 20 February 2002 the State of Emergency Unit of the District Governor’s office in Ovacık sent the following reply to the applicants: “Your petition containing a request of permission to return to your village has been received by the District Governor’s office and will be considered under the ‘Return to the Village and Rehabilitation Project’.” Application no. 29886/02 by Murat Gezici Until October 1994 the applicant lived in Yazıören, a village of the Ovacık district in Tunceli, where he owns property. In October 1994 security forces forcibly evacuated Yazıören on account of disturbances in the region. They also destroyed the applicant’s property. The applicant and his family then moved to the Çorlu district of the Tekirdağ province where they currently live. On 5 October 1994 the applicant lodged a petition with the Public Prosecutor’s office in Ovacık complaining about the burning down of his house by the security forces on 4 October 1994. On 9 December 1994 the Ovacık Public Prosecutor issued a decision of non-jurisdiction and sent the case file to the office of the Administrative Council in Ovacık, in accordance with Article 4 §§ b and ı of Decree no.   285 and the Law on the Prosecution of Civil Servants. On 19 March 2002 the applicant filed a petition with the District Governor’s office in Ovacık requesting information about the proceedings concerning the burning down of his house in 1994 and permission to return to his village. On 4 April 2002 the State of Emergency Unit of the District Governor’s office in Ovacık sent the following reply to the applicant: “Your petition containing a request of permission to return to your village has been received by the District Governor’s office and will be considered under the ‘Return to the Village and Rehabilitation Project’.” Application no. 26188/02 by Saray İyitoğlu Until October 1994 the applicant lived in Kale, a hamlet of the Aslandoğmuş village, in the Ovacık district in Tunceli, where she owns property. It is to be noted that another person, Hüseyin İyitoğlu, appears to be the owner of the property in question on the documents submitted to the Court. In October 1994 security forces forcibly evacuated Aslandoğmuş on account of disturbances in the region. They also destroyed the applicant’s property. The applicant and her family then moved to Istanbul where they currently live. On 19 October 2001 the applicant filed a petition with the District Governor’s Office in Ovacık requesting permission to return to her village. On 31 October 2001 the State of Emergency Unit of the District Governor’s office in Ovacık sent the following response to the applicant: “Your petition requesting permission to return to your village has been received by the District Governor’s office and will be considered under the ‘Return to the Village and Rehabilitation Project’.” Application no. 26190/02 by Hıdır Engin The applicant is a retired worker who is originally from Cevizlidere, a village of the Ovacık district in Tunceli and who resides in Germany. Although he was not a permanent resident of Cevizlidere, the applicant used to spend his holidays in his house in the village, prior to the evacuation of the village. It is to be noted that the applicant did not submit any certificate to the Court attesting his ownership of property in Cevizlidere. In October 1994 security forces forcibly evacuated Cevizlidere on account of disturbances in the region. They also destroyed the applicant’s property. On 14 January 2002 the applicant sent a petition to the Governor’s office in Tunceli requesting permission to return to his village and reside there. On 21 January 2002 the Governor’s office in Tunceli received the applicant’s petition. The applicant received no response to his petition within the 60-day period prescribed by Law no. 2577. Application no. 30062/02 by Gulabi Çılgın Until October 1994 the applicant lived in Cevizlidere, a village of the Ovacık district in Tunceli, where he owns property. In October 1994 security forces forcibly evacuated Cevizlidere on account of disturbances in the region. They also destroyed the applicant’s property. The applicant and his family then moved to Istanbul where they currently live. On 10 October 1994 the applicant lodged a petition with the Public Prosecutor’s office in Ovacık complaining about the burning down of his house by security forces on 4 October 1994. On 9 December 1994 the Ovacık Public Prosecutor issued a decision of non-jurisdiction and sent the case file to the office of the Administrative Council in Ovacık, in accordance with Article 4 §§ b and ı of Decree no.   285 and the Law on the Prosecution of Civil Servants. On 23 June 1995 the District Governor’s office in Ovacık decided to discontinue the investigation into the applicant’s allegations as the perpetrators of the alleged acts could not be identified. In 2000 the applicant lodged a petition with the Governor’s office in Tunceli requesting permission to return to his village. On 11 April 2000 the State of Emergency Unit of the Governor’s office in Tunceli sent the following reply to the applicant: “Your petition containing a request of permission to return to your village has been received by the Governor’s office and will be considered under the ‘Return to the Village and Rehabilitation Project’.” On 3 April 2002 the applicant filed a petition with the Governor’s office in Tunceli requesting permission to return to his village. The applicant received no response to his petition within the 60-day period prescribed by Law no. 2577. Application no. 26191/02 by Zeynel Aşar Until October 1994 the applicant lived in Çambudak, a village of the Ovacık district in Tunceli, where he owns property. It is to be noted that the applicant did not submit any certificate to the Court attesting his ownership of property in Çambudak. In October 1994 security forces forcibly evacuated Çambudak on account of disturbances in the region. They also destroyed the applicant’s property. The applicant and his family then moved to the Sinop province where they currently live. On an unknown date the applicant filed a petition with the District Governor’s office in Ovacık requesting permission to return to his village. On 31 October 2001 the State of Emergency Unit of the District Governor’s office in Ovacık sent the following reply to the applicant: “Your petition containing a request of permission to return to your village has been received by the District Governor’s office and will be considered under the ‘Return to the Village and Rehabilitation Project’.” Application no. 26195/02 by Seyit Ali Aktaş Until October 1994 the applicant lived in Tepsili, a village of the Ovacık district in Tunceli, where he owns property. In October 1994 security forces forcibly evacuated Tepsili on account of disturbances in the region. They also destroyed the applicant’s property. The applicant and his family then moved to Ovacık where they currently live. On 4 January 2002 the applicant lodged a petition with the Governor’s office in Tunceli requesting permission to return to his village. On 20 February 2002 the State of Emergency Unit of the Governor’s office in Tunceli sent the following reply to the applicant: “Your petition containing a request of permission to return to your village has been received by the Governor’s office and will be considered under the ‘Return to the Village and Rehabilitation Project’.” Applications nos. 26374/02, 26376/02, 26377/02 and 26378/02 by Ali Asker Artut, Yusuf Artut, Besime Artut and Ali Rıza Artut Until October 1994 the applicants lived in Tepsili, a village of the Ovacık district in Tunceli. It is to be noted that the title deeds to the property that the applicants used in Tepsili bear their father’s name. In October 1994 security forces forcibly evacuated Tepsili on account of disturbances in the region. They also destroyed the applicants’ property. The applicants and their families then moved to Istanbul where they currently live. Following the incidents the applicants lodged petitions with the Public Prosecutor’s office in Ovacık complaining about the burning down of their houses by the security forces on 3 October 1994. On 25 October 1995 the Administrative Council responded the applicants stating that there would not be an investigation into their allegations, as the perpetrators of the alleged acts could not be identified. On 20 August 2001 the applicants filed petitions with the District Governor’s office in Ovacık requesting permission to return to their village. On 31 October 2001 the State of Emergency Unit of the District Governor’s office in Ovacık sent the following reply to the applicants: “Your petition containing a request of permission to return to your village has been received by the District Governor’s office and will be considered under the ‘Return to the Village and Rehabilitation Project’.” Application no. 30387/02 by Hüseyin Artut, Ali Artuk, Munzur Artuk and Polat Artuk Until October 1994 the applicants lived in Tepsili, a village of the Ovacık district in Tunceli, where they own property. It is to be noted that another person, Süleyman Artuk, appears to be the owner of the property in question on the documents submitted to the Court by Ali Artuk, Munzur Artuk and Polat Artuk. In October 1994 security forces forcibly evacuated Tepsili on account of disturbances in the region. They also destroyed the applicants’ property. The applicants and their families then moved to Istanbul where they currently live. On 20 August 2001 three of the applicants, Ali Artuk, Munzur Artuk and Polat Artuk filed petitions with the District Governor’s office in Ovacık requesting permission to return to their village. On 25 October 2001 the State of Emergency Unit of the District Governor’s office in Ovacık sent the following reply to Ali Artuk and Munzur Artuk: “Your petition containing a request of permission to return to your village has been received by the District Governor’s office and will be considered under the ‘Return to the Village and Rehabilitation Project’.” On 11 January 2002 Hüseyin Artut lodged a petition with the District Governor’s office in Ovacık requesting permission to return to his village. His petition was received by this office on the same day. The applicant received no response to his petition within the 60-day period prescribed by Law no. 2577. On 12 March 2002 Polat Artuk received the above-mentioned response from the State of Emergency Unit of the District Governor’s office in Ovacık. Application no. 26206/02 by Celal Eren Until October 1994 the applicant lived in Hacıbirim, a hamlet of the Buyükköy village, in the Ovacık district in Tunceli. It is to be noted that the title deeds to the porperty that the applicant used in Hacıbirim bear his father’s name. In October 1994 security forces forcibly evacuated Büyükköy and the surrounding hamlets on account of disturbances in the region. They also destroyed the applicant’s property. The applicant and his family then moved to Elazığ where they currently live. On an unknown date the applicant lodged a petition with the District Governor’s office in Ovacık requesting permission to return to his village. On 31 October 2001 the State of Emergency Unit of the District Governor’s office in Ovacık sent the following reply to the applicant: “Your petition containing a request of permission to return to your village has been received by the District Governor’s office and will be considered under the ‘Return to the Village and Rehabilitation Project’.” Application no. 30393/02 by Hasan Erenler Until October 1994 the applicant lived in Buyükköy, a village of the Ovacık district in Tunceli, where he owns property. In October 1994 security forces forcibly evacuated Büyükköy and the surrounding hamlets on account of disturbances in the region. They also destroyed the applicant’s property. The applicant and his family then moved to Tunceli where they currently live. On 6 October 1994 the applicant lodged a petition with the Public Prosecutor’s office in Ovacık complaining about the burning down of her house by security forces on 3 October 1994. On 9 December 1994 the Ovacık Public Prosecutor issued a decision of non-jurisdiction and sent the case file to the office of the Administrative Council in Ovacık, in accordance with Article 4 §§ b and ı of Decree no.   285 and the Law on the Prosecution of Civil Servants. On 23 June 1995 the District Governor’s office in Ovacık decided to discontinue the investigation into the applicant’s allegations as the perpetrators of the alleged acts could not be identified. On 25 October 1995 the office of Administrative Council of the District Governor’s office in Ovacık sent a letter to the applicant stating that there would not be an investigation into his allegations as the perpetrators of the alleged acts could not be identified. On 9 April 2002 the applicant filed a petition with the District Governor’s office in Ovacık requesting permission to return to his village. On 25 April 2002 the State of Emergency Unit of the District Governor’s office in Ovacık sent the following response to the applicant: “Your petition containing a request of permission to return to your village has been received by the District’s Governor’s office. It is possible to reside in the Büyükköy village. Returning to your village is at your discretion.” Application no. 26216/02 by Ali Doğru Until October 1994 the applicant lived in Ağdonik, a hamlet of the Akyayık village, in the Ovacık district in Tunceli. It is to be noted that the title deeds to the property that the applicant used in Ağdonik bear his father’s name. In October 1994 security forces forcibly evacuated Büyükköy and the surrounding hamlets on account of disturbances in the region. They also destroyed the applicant’s property. The applicant and his family then moved to Istanbul where they currently live. On 2 November 2001 the applicant filed petitions with the Governor’s office in Tunceli and the Ministry of the Interior. The applicant received no response to his petitions within the 60-day period prescribed by Law no. 2577. Application no. 26221/02 by Divane Horoz Until October 1994 the applicant lived in Aktaş, a village of the Ovacık district in Tunceli, where he owns property. It is to be noted that the applicant did not submit any certificate attesting his ownership of property in Aktaş. In October 1994 security forces forcibly evacuated Aktaş on account of disturbances in the region. They also destroyed the applicant’s property. The applicant and his family then moved to Istanbul where they currently live. On 26 September 2001 the applicant lodged a petition with the District Governor’s office in Ovacık requesting permission to return to his village. On 31 October 2001 the State of Emergency Unit of the District Governor’s office in Ovacık sent the following reply to the applicant: “Your petition containing a request of permission to return to your village has been received by the District Governor’s office and will be considered under the ‘Return to the Village and Rehabilitation Project’.” Application no. 26223/02 by Düzgün Horatoğulları Until October 1994 the applicant lived in Aktaş, a village of the Ovacık district in Tunceli. It is to be noted that the title deeds to the property that the applicant used in Aktaş bear his father’s name. In October 1994 security forces forcibly evacuated Aktaş on account of disturbances in the region. They also destroyed the applicant’s property. The applicant and his family then moved to Istanbul where they currently live. On 20 September 2001 the applicant filed a petition with the Governor’s office in Tunceli requesting permission to return to his village. On the same day the State of Emergency Unit of the Governor’s office in Tunceli sent the following reply to the applicant: “...Return to Aktaş village is forbidden for security reasons. However, you can return and reside in Mollaaliler, Çakmaklı, Güneykonak, Havuzlu, Konaklar and Yoncalı villages. Furthermore, your petition will be considered under the ‘Return to the Village and Rehabilitation Project’...” On 31 October 2001 the applicant filed a further petition with the District Governor’s office in Ovacık requesting permission to return to his village. On the same day the State of Emergency Unit of the District Governor’s office in Ovacık sent the following reply to the applicant: “Your petition containing a request of permission to return to your village has been received by the District Governor’s office and will be considered under the ‘Return to the Village and Rehabilitation Project’.” Application no. 29149/02 by Mustafa Güneş and Murat Güneş Until October 1994 the applicants lived in Aktaş, a village of the Ovacık district in Tunceli, where they own property. In October 1994 security forces forcibly evacuated Aktaş on account of disturbances in the region. They also destroyed the applicants’ property. The applicant and their families then moved to Istanbul where they currently live. On an unknown date the applicants filed petitions with the District Governor’s office in Ovacık requesting permission to return to their village. On 4 April 2002 the District Governor’s office in Ovacık sent the following reply to the applicants: “Your petition containing a request of permission to return to your village has been received by the District Governor’s office and will be considered under the ‘Return to the Village and Rehabilitation Project’.” Application no. 26361/02 by Özgür Altunkıran Until October 1994 the applicant lived in Şahverdi, a village of the Ovacık district in Tunceli, where he owns property. It is to be noted that other persons, Şahin Altunkıran and Seyit Ali Altunkıran, appear to be the owner of the property in question according to the documents submitted to the Court. In October 1994 security forces forcibly evacuated Şahverdi on account of disturbances in the region. They also destroyed the applicant’s property. The applicant and his family then moved to Istanbul, where they currently live. On an unknown date the applicant filed a petition with the District Governor’s office in Ovacık requesting permission to return to his village. On 31 October 2001 the State of Emergency Unit of the District Governor’s office in Ovacık sent the following reply to the applicant: “Your petition containing a request of permission to return to your village has been received by the District Governor’s office and will be considered under the ‘Return to the Village and Rehabilitation Project’.” Application no. 26741/02 by Hasan Gergin Until October 1994 the applicant lived in Şahverdi, a village of the Ovacık district in Tunceli, where he owns property. On 4-5 October 1994 security forces forcibly evacuated Şahverdi on account of disturbances in the region. They also destroyed the applicant’s property. The applicant and his family then moved to Ovacık, where they currently live. On 6 October 1994 the applicant lodged a petition with the Public Prosecutor’s office in Ovacık complaining about the burning down of his house by the security forces on 4-5 October 1994. On 9 December 1994 the Ovacık Public Prosecutor issued a decision of non-jurisdiction and sent the case file to the office of the Administrative Council in Ovacık, in accordance with Article 4 §§ b and ı of Decree no.   285 and the Law on the Prosecution of Civil Servants. On 25 October 1995 the Administrative Council sent a letter to the applicant stating that no investigation into his allegations would be initiated, as the perpetrators of the alleged acts could not be identified. On an unknown date the applicant lodged a petition with the District Governor’s office in Ovacık requesting permission to return to his village. On 27 July 2000 the District Governor’s office in Ovacık sent the following reply to the applicant: “Your petition containing a request of permission to return to your village has been received by the District Governor’s office and will be considered under the ‘Return to the Village and Rehabilitation Project’.” On 25 October 2001 the applicant filed a further petition with the same office repeating his initial request. The applicant received no response to his petition within the 60-day period prescribed by Law no. 2577. Application no. 26751/02 by İsmail Altunkıran Until October 1994 the applicant lived in Şahverdi, a village of the Ovacık district in Tunceli, where he owns property. It is to be noted that other persons, Ali Altunkıran and Cemal Altunkıran, appear to be the owner of the property in question on the documents submitted to the Court. In October 1994 security forces forcibly evacuated Şahverdi on account of disturbances in the region. They also destroyed the applicant’s property. The applicant and his family then moved to Istanbul, where they currently live. On 13 December 2001 the applicant lodged a petition with the Governor’s office in Tunceli requesting permission to return to his village. On 16 January 2002 the State of Emergency Unit of the District Governor’s office in Ovacık sent the following reply to the applicant: “Your petition containing a request of permission to return to your village has been received by the District Governor’s office and will be considered under the ‘Return to the Village and Rehabilitation Project’.” Application no. 26355/02 by Şükrü Çorak Until October 1994 the applicant lived in Bilgeç, a village of the Ovacık district in Tunceli, where he owns property. On 4 October 1994 security forces forcibly evacuated Bilgeç on account of disturbances in the region. They also destroyed the applicant’s property. The applicant and his family then moved to Istanbul, where they currently live. On 17 October 1994 the applicant lodged a petition with the Public Prosecutor’s office in Ovacık complaining about the burning down of his house by the security forces on 4 October 1994. On 9 December 1994 the Ovacık Public Prosecutor issued a decision of non-jurisdiction and sent the case file to the office of the Administrative Council in Ovacık, in accordance with Article 4 §§ b and ı of Decree no.   285 and the Law on the Prosecution of Civil Servants. On 25 October 1995 the Administrative Council sent a letter to the applicant stating that no investigation into his allegations would be initiated, as the perpetrators of the alleged acts could not be identified. On 21 December 2001 the applicant lodged a petition with the District Governor’s office in Ovacık requesting permission to return to his village. On 28 December 2001 his petition was received by this office. The applicant received no response to his petition within the 60-day period prescribed by Law no. 2577. Application no. 26387/02 by Şükrü Yetik Until October 1994 the applicant lived in Bilgeç, a village of the Ovacık district in Tunceli, where he owns property. It is to be noted that the applicant did not submit any certificate attesting his ownership of property in Bilgeç. On 4 October 1994 security forces forcibly evacuated Bilgeç on account of disturbances in the region. They also destroyed the applicant’s property. The applicant and his family then moved to Istanbul, where they currently live. In October 1994 the applicant lodged a petition with the Public Prosecutor’s office in Ovacık complaining about the burning down of his house by the security forces on 4 October 1994. On 9 December 1994 the Ovacık Public Prosecutor issued a decision of non-jurisdiction and sent the case file to the office of the Administrative Council of the District Governor’s office in Ovacık, in accordance with Article 4 §§ b and ı of Decree no. 285 and the Law on the Prosecution of Civil Servants. On 23 June 1995 the District Governor’s office in Ovacık decided not to conduct an investigation into the applicant’s allegations as the perpetrators of the alleged acts could not be identified. On 20 August 2001 the applicant lodged petitions with the Governor’s office in Tunceli and the District Governor’s office in Ovacık requesting permission to return to his village. On 28 August 2001 his petitions were received by these offices. The applicant received no response to his petitions within the 60-day period prescribed by Law no. 2577. Applications nos. 26391/02 and 26400/02 by Kazım Emre and Abbas Emre Until October 1994 the applicants lived in Bilgeç, a village of the