Published on 21 July 2025
 
SECOND SECTION
Application no. 14837/21
Ertuğrul KÜRKCÜ and Others
against Türkiye
lodged on 4 March 2021
communicated on 3 July 2025
SUBJECT MATTER OF THE CASE
The application concerns the de facto expropriation of a plot of land partially owned by the applicants and the non-execution of a final court judgment awarding them compensation for the said de facto expropriation.
The applicants complain that their property was expropriated without following the legal procedure provided for by law, in breach of Article 1 of Protocol No. 1 to the Convention. Relying on Article 6 § 1 of the Convention and on Article 1 of Protocol No. 1 to the Convention, they also complain that the binding and enforceable court judgment in their favour has not been fully executed despite the decision of the Compensation Commission established by Law No. 6384.
The applicants also alleged a violation under Article 13 of the Convention in the absence of an effective domestic remedy for the enforcement of the judgment in their favour.
QUESTIONS TO THE PARTIES
1.  Has there been a violation of the applicants’ right to peaceful enjoyment of possessions within the meaning of Article 1 of Protocol No. 1 to the Convention, on account of the de facto expropriation of their land (Sarıca and Dilaver v. Turkey, no. 11765/05, §§ 38-52, 27 May 2010)?
 
2.  Has the judgment of the Ankara Civil Court, which became final on 27 April 2016, been fully enforced? If not, was such a situation compatible with the applicants’ right of access to a court guaranteed by Article 6 § 1 of the Convention and/or their right to peaceful enjoyment of possessions within the meaning of Article 1 of Protocol No. 1 to the Convention (Kuzu v. Turkey, no. 13062/03, §§ 14-20, 17 January 2006; Yerebasmaz v. Turkey, no. 14710/03, §§ 24-26, 10 October 2006; Ak v. Turkey, no. 27150/02, §§ 21‑28, 31 July 2007; M. Kaplan v. Turkey, no. 29016/04, §§ 16-19, 9 December 2008; and Necati Erol v. Turkey, no. 4387/08, §§ 11-15, 3 November 2011)?
 
APPENDIX
No.
Applicant’s Name
Year of birth
Nationality
Place of residence
1.
Ertuğrul KÜRKCÜ
 
1948
Turkish
Istanbul
2.
Ahmet Yavuz KÜRKCÜ
 
1946
Turkish
Muğla
3.
Yusuf Kadri KÜRKCÜ
 
1946
Turkish
İzmir
4.
Seher Yıldız KÜRKÇÜ ÖZTOP
 
1949
Turkish
Muğla
5.
Serap SUVARDAR
 
1964
Turkish
Ankara