PROCEDURE

The case originated in an application (no. 19441/04) 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 five Turkish nationals, Mrs Züleyha Biçer, Mrs Birsen Ergünhan, Mr Ahmet Karaçakıl, Mrs Hacer Dalgıç and Mrs Hayriye Savruk (“the applicants”), on 4 May 2004.

The applicants were represented by Ms S.E. Altaş and Mr N. Altaş, lawyers practising in İstanbul. The Turkish Government (“the Government”) were represented by their Agent.

On 28 November 2008 the President of the Second Section decided to give notice of the application to the Government. It was also decided to rule on the admissibility and merits of the application at the same time (Article 29 § 3).

THE FACTS

The applicants were born in 1933, 1938, 1952, 1948 and 1945 respectively, and live in Balıkesir and Istanbul.

On 8 December 1972 the applicants' mother lodged a case with the Gönen Civil Court against the Treasury and the Office of the Headman of the Paşaçiftlik village (muhtarlık), requesting that plots of land nos. 117, 130, 135, 168, 274, 438, 494, 497 and 578 be registered in her name. Six other persons intervened in the case, laying claim to the same plots.

On 28 March 1977 the Gönen Civil Court delivered a decision of non‑jurisdiction and transferred the case to the Gönen Cadastre Court.

On an unspecified date the applicants' mother died. On 24 October 1984 the applicants informed the first-instance court that they wished to become parties to the proceedings, as heirs.

On 18 March 2005 the court dismissed the applicants' case and held that the land should have been registered in the name of the interveners' heirs.

On 22 June 2006 the Court of Cassation quashed the judgment of the first-instance court.

On 4 March 2007 the first-instance court resumed the examination of the case following its remittal by the Court of Cassation.

On 28 January 2009 the last hearing was held.

According to the information submitted to the case file in June 2009, the proceedings are currently pending before the Gönen Cadastre Court.