CEDH · PRESS;HEARINGS;ENG — 22 avril 2008

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sBB9EE52A { font-family:Arial } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .s9A223E1B { width:11.03pt; text-indent:0pt; display:inline-block } .s595A57E4 { width:85.05pt; text-indent:0pt; display:inline-block } .sA8C2B9B0 { width:20.37pt; text-indent:0pt; display:inline-block } .s3CED24E9 { width:27.05pt; text-indent:0pt; display:inline-block } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } .sC7EAD8B { font-family:Arial; font-weight:bold; text-decoration:underline } .sA36B60A1 { font-family:Arial; font-style:italic } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } EUROPEAN COURT OF HUMAN RIGHTS   284 22.4.2008   Press release issued by the Registrar   CHAMBER HEARING TURGUT AND OTHERS v. TURKEY KÖKTEPE v. TURKEY   The European Court of Human Rights is holding a Chamber hearing today Tuesday 22 April 2008 at 9 a.m. , on the admissibility and merits in the cases of Turgut and Others v. Turkey (application no. 1411/03) and Köktepe v. Turkey (no. 35785/03).   The hearing will be broadcast from 2.30 p.m. on the Court’s Internet site ( http://www.echr.coe.int ).     Summary of the facts and complaints   Turgut and Others v. Turkey   Nihal Ayser Turgut, Tevfik Güneş, Turgay Güneş, Saffet Güneş, Nermin Solmaz Güneş, Ayşe Ayata and Hurşit Güneş are Turkish nationals who live in Istanbul and Ankara.   The case concerns a piece of land of over 100,000 square metres in the village of Kefken, in Kandıra (Turkey), to which the applicants claim to have had title for at least three generations.   In January 1962 the Ministry of Forestry and the Treasury brought proceedings before the Kandıra Cadastral Court to have the title to the property in question annulled. In a judgment of 29   June 1972 the court found that the land was part of the State forest and that there could be no property title to it.   In July 1974, following an amendment of Turkish legislation on the delimitation of forests, the case was referred back to the court for new expert opinions concerning the disputed land. In November 1977, based on expert reports it had commissioned, the court ordered the land to be registered in the land register under the applicants’ names.   On 28   March 1978 the Court of Cassation, considering the expert reports insufficient, remitted the case to the court. New expert reports concluded that the land was located within the perimeter of the State forest.   In a judgment of 8   May 2001 the court ruled that the land was part of the State forest and ordered its registration in the land register as property belonging to the Treasury. That judgment was upheld by the Court of Cassation on 18   November 2001. In April 2002 the Court of Cassation dismissed a revision request lodged by the applicants.   Relying on Article   1 of Protocol No.   1 (protection of property) to the European Convention on Human Rights Convention, the applicants complain that the Turkish courts’ decision to register the Treasury as the owner of a piece of land which was rightfully theirs, without any compensation being paid to them, constitutes a disproportionate interference with their right to the peaceful enjoyment of their possessions. They argue, among other things, that 50-odd private housing units and a military holiday camp for officers in the armed forces were built on the disputed land from the 1970s to 1995.   Köktepe v. Turkey   Halil İbrahim Köktepe is a Turkish national who lives in Çanakkale (Turkey).   In 1953 the Treasury sold a plot of land in Çanakkale to a private individual. In 1990 the Forestry Commission set about officially delimiting the State forests, as a result of which part of the plot of land concerned was found to be located within State forest limits. On 26   July 1993 the applicant acquired the land concerned and was issued with an ownership title by the General Directorate of Land Registration.   On 17   July 1996 the applicant lodged an appeal with the Çanakkale Regional Court against the decision delimiting the State forests.   An expert report dated April 1998 found that the disputed land did not fall within the State forests. In June 2000, however, a new report prepared by another group of experts found, like the delimitation committee, that part of the disputed land fell within State forest boundaries.   In a judgment of 16   November 2000 the Regional Court, in the light of the findings of the second report, dismissed the applicant’s request. A subsequent appeal on points of law and a request for revision of the judgment lodged by the applicant were dismissed.   Relying on Article 6 (right to a fair hearing) of the Convention, Mr Köktepe complains of the unfairness, the partiality and the inadequacy of the Turkish courts, which he alleged delivered their judgments based on incomplete evidence. Under Article   1 of Protocol No.   1 (protection of property), he also complains that his property was expropriated without any compensation.   Procedure   The applications were lodged with the European Court of Human Rights on 25   October 2002 in the case of Turgut and Others v. Turkey and on 17 October 2003 in the case of Köktepe v. Turkey .   Composition of the Court   The case will be heard by a Chamber composed as follows:   Françoise Tulkens (Belgian), President , Antonella Mularoni (San Marinese), Ireneu Cabral Barreto (Portuguese), Rıza Türmen (Turkish), Vladimiro Zagrebelsky (Italian), Danutė Jočienė (Lithuanian), Dragoljub Popović (Serbian), judges , András Sajó (Hungarian), Nona Tsotsoria (Georgian), substitute judges , and also Françoise Elens-Passos , Deputy Section Registrar .   Representatives of the parties   Government :   Münci Özmen , Co-agent ,   Esin Esin , Esra Demir , Hüsnü Tunç Ceyhan , Ayşen Emüler , Özden Gazialem , Vedia Sirmen , Abdullah Demir , Şirin Pala , Harika Ardor , Advisers ;   Turgut and Others Applicants :   Şevket Çizmeli , Zeynep Ayata , Advisers ;   Köktepe Applicant :   Mustafa Öztok , Adviser .   The applicants Ayşe Ayata and Halil İbrahim Köktepe will also attend the hearing.     ***   After the hearing the Court will begin its deliberations, which are held in private. A decision on admissibility, followed if appropriate by a judgment, will be delivered at a later date [1] .   Press contacts Emma Hellyer (telephone: 00 33 (0)3 90 21 42 15) Tracey Turner-Tretz (telephone: 00 33 (0)3 88 41 35 30) Paramy Chanthalangsy (telephone: 00 33 (0)3 90 21 54 91) Sania Ivedi (telephone: 00 33 (0)3 90 21 59 45)   The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. [1] This summary by the Registry does not bind the Court.