PROCEDURE

The case originated in an application (no. 4212/02) 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 Sabriye Akıncıbaşı (“the applicant”), on 24 April 2000.

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

On 19 September 2006 the Court decided to give notice of the application to the Government. Applying Article 29 § 3 of the Convention, it decided to rule on the admissibility and merits of the application at the same time.

The applicant and the Government each filed further written observations. The Chamber decided, after consulting the parties, that no hearing on the merits was required (Rule 59 § 3 in fine).

THE FACTS

THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1928 and lives in Marmaris.

In 1984 the applicant concluded a construction contract with Mr G.D. whereby the applicant was to own 40 % of the flats constructed by Mr G.D. on her land.

On 10 July 1985 Mr G.D. and the applicant's legal representative signed an additional contract and decided to sell the flats to Emlak Bank. Subsequently on 29 January 1986 the applicant filed an action with the Ankara Civil Court of First Instance against Mr G.D. She maintained that her legal representative had no right to sign such a contract and accordingly requested the annulment of the contract dated 10 July 1985 and the reimbursement of 132,000,000 Turkish liras (TRL).

On 31 May 1990 the 5th Chamber Ankara Civil Court of First Instance dismissed the case. This judgment was upheld by the Court of Cassation on 19 June 1991. However, upon the request of the applicant, on 26 December 1991 the Court of Cassation rectified its decision of 19 June 1991. The case was accordingly remitted to the first-instance court.

In the meantime, the applicant brought another case against Mr G.D. before the 12th Chamber Ankara Civil Court of First Instance and requested liquidation of partnership. On 26 December 1994 the court ordered Mr G.D. to pay TRL 88,260,073 to the applicant. This judgment became final on 17 May 1996.

On 28 May 1998 the 5th Chamber of the Ankara Civil Court of First Instance ordered Mr G.D. to pay TRL 59,000,000, plus interest at the statutory rate, applicable at the date of the court's decision, running from 29 January 1986. The court dismissed the applicant's request for the payment of a further TRL 63,000,000 since it considered that this amount had already been calculated and included in the case before the 12th Chamber of the Ankara Civil Court of First Instance.

On 10 June 1999 the Court of Cassation upheld the judgment of the first‑instance court.

On 1 December 1999 the Court of Cassation dismissed the parties' request for rectification.