Individual Application

Violation of the right to property for non-recognition of heirship due to lack of inter-state reciprocity

 The applicant, who was a Turkish national, was deprived of Turkish citizenship by virtue of a Cabinet Decree for voluntarily acquiring citizenship of a foreign state without any permission. The applicant, a Greek who is still residing in Athens, became the only heir of an immovable located in İstanbul. However, the incumbent civil court assigned the whole inheritance to the State Treasury as the applicant was no longer a Turkish nation. The applicant filed an application with the incumbent civil court to obtain a certificate of inheritance, which was accepted by the civil court. However, his certificate was revoked upon the action filed by the Treasury. The applicant’s subsequent challenges were dismissed. Finding a violation, the Constitutional Court concluded that the interference with the applicant’s right to property due to non-recognition of his capacity as an heir lacked any foreseeable legal basis.