PROCEDURE

The case originated in an application (no. 34656/03) against the Republic of Turkey lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Turkish national, Mr Cüneyt Mehmet Barker (“the applicant”), on 9 July 2003. The applicant was represented by Mr K. Koç, a lawyer practising in Istanbul. The Turkish Government (“the Government”) were represented by their Agent.

On 16 October 2007 the Court decided to give notice of the application to the Government. It also decided to rule on the admissibility and merits of the application at the same time (Article 29 § 3).

THE FACTS

The applicant was born in 1949 and lives in Istanbul.

On 15 August 1988 the applicant brought a case before the Erdek Civil Court against the Treasury, requesting to be registered as the owner of a certain plot of land.

On 17 April 1990 the Erdek Civil Court granted the applicant’s request. The Treasury appealed.

Whenever he inquired about the outcome of the appeal proceedings, the applicant was informed by the registry of the first-instance court that the proceedings were still pending. In 1998, however, the applicant was informed by the Court of Cassation that the latter had actually rendered its decision long before, on 28 October 1992. The Erdek Civil Court declared, in response to a petition from the applicant, that the case file had never been sent back to it and it had subsequently attempted to recreate the case file, which appeared to have been lost.

On 8 May 1998 the Treasury filed a petition with the Court of Cassation requesting that the decision of 28 October 1992 be rectified.

On 28 September 1998 the Court of Cassation decided that it could not examine the Treasury’s request as the reconstituted file was not sufficient and it needed the original case file for such an examination. It therefore decided to send the file back to the Erdek Civil Court. According to the information submitted by the parties to the Court, the proceedings are still pending.

In 2001 the Land Registry Commission attached to the General Directorate of Land Registration conducted a land registry survey and registered the title to the relevant plot under the name of a certain K.T. and the Treasury.

On 30 May 2001 the applicant brought a case before the Erdek Cadastral Court, challenging the land registry survey.

On 18 May 2004 an on-site inspection of the land was carried out, and on 20 October 2004 the Erdek Cadastral Court allowed the applicant’s request in part.

On 10 November 2005 the Court of Cassation upheld the judgment of 20 October 2004 and on 26 February 2007 it dismissed the Treasury’s rectification request.