PROCEDURE

The case originated in an application (no. 74463/01) 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, Ms Feriştah Bahçeyaka, on 8 June 2001.

The applicant was represented by Mr E. Kuloğlu, a lawyer practising in Aydın. The Turkish Government (“the Government”) did not designate an Agent for the purposes of the proceedings before the Court.

On 14 June 2005 the Court decided to communicate the application. Applying Article 29 § 3 of the Convention, it decided to rule on the admissibility and merits of the applications at the same time.

The applicant and the Government each filed observations on the admissibility and the merits.

THE FACTS

The applicant was born in 1958 and lives in Wesel, Germany.

On 12 February 1980 the applicant and her husband established a joint bank account with a German bank.

On an unspecified date, the applicant’s husband withdrew all of the money from their joint account without the applicant’s consent and placed it into another account in a Turkish bank.

On 23 October 1992 the applicant filed an action with the Aydın Civil Court of first-instance to recover half the money that her husband had withdrawn from their joint bank account.

On 14 September 1999 the Aydın Civil Court of first-instance dismissed the applicant’s case on the ground that she had failed to substantiate her claims. The court reasoned that the applicant had not furnished any bank document, such as receipts indicating withdrawal of money, capable of supporting her allegations. It also noted that the documents kept by the bank had been destroyed at the end of six years’ retention period and that therefore there was no document available on which to conclude that the applicant was right in her assertions.

On 27 December 1999 the applicant appealed.

On 5 April 2000 the Court of Cassation dismissed the applicant’s request for appeal. It opined that the applicant had failed to prove that her husband had withdrawn all the money from their joint bank account and placed it into another bank account.

On 16 November 2000 the Court of Cassation dismissed the applicant’s request for rectification.

On 15 December 2000 the Court of Cassation’s decision was served on the applicant.