PROCEDURE

The case originated in an application (no. 41902/04) 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 four Turkish nationals, Mr Aziz Bakırcı, Ms Zekiye Çirkinoğlu (Bakırcı), Mr Sabri Bakırcı and Ms Laetitia Cardier (Sabiha) Bakırcı (“the applicants”), on 8 September 2004.

The applicants were represented by Mr Hakan Bakırcıoğlu and Mr Erkan Bakırcıoğlu, lawyers practising in Istanbul. The Turkish Government (“the Government”) were represented by their Agent.

On 16 June 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 CIRCUMSTANCES OF THE CASE

The applicants were born in 1951, 1950, 1964 and 1962 respectively. The first three applicants live in Turkey and the fourth applicant lives in France.

The application concerns a dispute between the applicants and a third party over ownership of plots of land in the province of Adıyaman.

A. Proceedings before the Kahta Civil Court of First Instance

On 21 February 1980 the applicants brought an action before the Kahta Civil Court of First Instance for prohibition of the third party's unlawful occupation of their land. On 16 April 1997 the civil court issued a decision of lack of subject-matter jurisdiction (görevsizlik kararı) and sent the case file to the Kahta Cadastral Court.

B. Proceedings before the Kahta Cadastral Court

In the meantime, on 8 April 1997 the third party brought a counter action against the applicants before the Kahta Cadastral Court and requested registration of the plots of land in his name.

On 14 April 1997 the General Directorate of Forests in Turkey (“the Directorate”) also brought an action before the same court and requested that one of the plots owned by one of the applicants should be designated as forest and registered as property of the Treasury. The Kahta court joined the cases on 2 September 1997.

On 6 July 2000 the Kahta Cadastral Court ordered partial registration of the land in the names of the applicants. The applicants and the Directorate appealed. On 29 January 2001 the Court of Cassation quashed the judgment, holding that all the land had to be registered in the name of the applicants and remitted the case to the Kahta Cadastral Court.

On 17 April 2003 the Kahta Cadastral Court abided by the Court of Cassation's decision and ordered the registration of the land in the name of the applicants.

On 15 December 2003 the Court of Cassation upheld the judgment and on 13 July 2004 it dismissed the third party's rectification request.