PROCEDURE

The case originated in an application (no. 4397/08) 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 Kemal Turhan (“the applicant”), on 15 January 2008. The applicant was represented by Mr A.F. Demirkan, a lawyer practising in Bursa. The Turkish Government (“the Government”) were represented by their Agent.

On 12 June 2009 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 § 1).

THE FACTS

THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1961 and lives in Bursa.

In 2004 the General Directorate of Highways seized a plot of land belonging to the applicant without any formal expropriation, for the construction of a highway. The applicant brought an action before the Karacabey Civil Court to obtain compensation for the de facto expropriation of his property. He requested 5,500 Turkish liras (TRY) as compensation from the court and reserved his right to increase this claim in due course.

On 15 June 2006 the Karacabey Civil Court awarded the applicant TRY 5,500 as compensation for the de facto expropriation of his land, as requested, plus interest. The applicant initiated execution proceedings before the Bursa Execution Office to obtain that amount (file no. 2009/2810).

On 13 March 2007 the Court of Cassation upheld the judgment of the first-instance court.

The applicant subsequently brought an additional action (“ek dava”) before the Karacabey Civil Court to obtain further compensation for his land in the light of the expert report obtained during the previous proceedings, which had valued the land at a rate higher than that initially requested by him.

On 24 May 2007 the Karacabey Civil Court awarded the applicant TRY 36,896.75, plus interest. The applicant initiated another set of execution proceedings before the Bursa Execution Office to obtain the amount awarded (file no. 2007/6187).

On 16 October 2007 the Court of Cassation upheld the judgment of the Karacabey Civil Court.

On 23 March and 13 November 2009 the administration paid TRY 8,920 and 53,081 respectively. According to the information provided by the applicant, there has been no outstanding debt in the execution files.