Individual Application

The Facts

The applicants, including Hüseyin Saraç, filed an action for compensation against the respective Municipality and the Directorate General of Highways in 2004 for alleged de facto expropriation of their property. Following the appellate examination by the Court of Cassation, the decision partially granting the applicants’ claims became final, awarding compensation in favour of the applicants.  

Pending the examination of the individual application before Court, the applicant Hüseyin Saraç passed away on 1 June 2024, and this situation has been addressed separately in the examination of the application.  

The Applicants’ Allegations

The applicants alleged violations of their right to property on account of the de facto expropriation of their property, the non-payment of the amount awarded as compensation, and the depreciation of that amount due to inflation, as well as of their right to a trial within a reasonable time on account of the excessive length of the proceedings.

The Court’s Assessment

The Court first addressed whether the proceedings should continue in cases where an applicant died after lodging an application in the case of Asya Oktay and Others (no. 2014/3549, 22 March 2017) and accordingly held that requiring mandatory pursuance of the application by the heirs would hinder the Court’s primary task and was not compatible with the nature of the individual application mechanism. Following this decision, the Court continued to examine applications where the heirs notified the Court of their intention to pursue the case within a reasonable time, but struck out the applications where the heirs did not do so.

Subsequently, in the case of Elberan Vural and Others ([Plenary], no. 2018/30235, 17 January 2023), the Court noted that, in the interests of fairness, the heirs should be notified of the proceedings before the Court and asked whether they would wish to pursue the case, since the approach in the case of Asya Oktay and Others might result in unfair treatment in respect of the heirs unaware of the proceedings. Following this decision, the Court notified the legal representative or the identified heirs to ask whether they would wish to pursue the application; however, this procedure gave rise to certain setbacks and necessitated a reconsideration of the relevant case-law.

Based on the Code on the Establishment and the Rules of Procedures of the Constitutional Court no. 6216 and the Internal Regulations, the Constitutional Court has assessed the applicability of the court procedure rules and decided that Article 26 of the Administrative Judicial Procedure Act no. 2577 is applicable. Accordingly, in cases where the applicant dies, the application should be struck out in so far as it concerns that person, whereas persons who substantiate that they are the applicant’s heirs would be entitled to pursue the case, provided that they expressed their intention to do so within a reasonable time. The Court has further stressed that it may continue to examine an application even after the applicant’s death in cases where it is necessary for the interpretation and application of the Constitution, or determining the scope and limits of fundamental rights, or where such examination is required by respect for human rights.

In the present case, the applicant, Hüseyin Saraç, passed away on 1 June 2024 after lodging the individual application. It should be noted that the Court was not notified of the applicant’s death by his legal representative. On 7 November 2024, the Court served a notification on the applicant’s legal representative, requesting information as to whether the heirs wished to pursue the application, and if so, requiring the submission, within 15 days, of a certificate of inheritance and powers of attorney granted by the heirs.   

On 21 November 2024, the legal representative stated that the deceased applicant had bequeathed the claims arising from the proceedings underlying the individual application through testament, that proceedings regarding the testament were still pending, that it was necessary to await the finalisation of the testamentary proceedings as the entitlement to the rights and claims arising from the case file had not yet been clarified. It appears from the preliminary examination report on the testamentary proceedings, submitted as an annex to the Court, that 38 persons are listed as heirs. Furthermore, it should be noted that, as of the date of examination of the present individual application, no further information was provided regarding the progress of the proceedings.

In light of all these considerations, the application must be struck out in so far as it concerns the applicant Hüseyin Saraç who passed away after lodging the individual application. It should, nevertheless, be stated that if the heirs express their intention to pursue the individual application within a reasonable time, the Court would continue to examine the case. It should also be indicated that, in the present case, there are no no grounds requiring the continued examination of the application under Article 80 § 2 of the Internal Regulations.

Consequently, the Court has decided to strike out the application in so far as it concerns the applicant Hüseyin Saraç.