PROCEDURE

The case originated in an application (no. 77361/01) 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, Mr. Mustafa Nazif Dildar (“the applicant”), on 20 July 2001.

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

The applicant complained, in particular, about the excessive length of the civil proceedings, the non-enforcement of the court decision, as well as the authorities’ subsequent delay in paying the additional compensation awarded by the domestic courts.

On 14 February 2006 the Court decided to give notice of the application to the Government. Under the provisions of Article 29 § 3 of the Convention, it decided to examine the merits of the application at the same time as its admissibility.

THE FACTS

THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1948 and lives in Istanbul.

On 25 June 1987 the Istanbul Municipality decided to expropriate two houses that belonged to the applicant and located in Beyoğlu, Istanbul. The applicant filed an action before the Istanbul Administrative Court to annul the decision of the Municipality. On 22 December 1993 the Administrative Court dismissed his request. A committee of experts assessed the value of the property at 11.590.000 Turkish Liras (TRL), and this amount was consequently paid to the applicant when the expropriation took place.

On 18 January 1994 the applicant filed an action before the Beyoğlu Civil Court of General Jurisdiction for increased compensation.

On 28 May 1998 there was a hearing attended by neither the applicant nor his lawyer. Subsequently, the court decided to close the case until the applicant renewed his petition. On 5 June 1998, following the new petition filed by the applicant’s lawyer, the case was resumed.

Twenty three hearings were held before the Beyoğlu Civil Court of General Jurisdiction, during six of which neither the applicant nor his lawyer were present.

On 16 July 1998 the court awarded the applicant TRL 615.478.0000 of additional compensation, plus interest at the statutory rate, as of 22 December 1993.

Following the applicant’s appeal, on 19 December 2000 the Court of Cassation upheld the decision of the Beyoğlu court. This decision was notified to the applicant on 26 January 2001.

The applicant requested the Court of Cassation to rectify its decision. On 23 March 2001 the Court of Cassation dismissed the applicant’s request.

In his observations dated 30 June 2006, the applicant informed the Registry that he had not yet been paid the award determined by the first-instance court on 16 July 1998.