I incorrectly predicted that there's no violation of human rights in ALPTEKIN AND OTHERS v. TURKEY.

Information

• Judgment date: 2020-03-17
• Communication date: 2018-09-07
• Application number(s): 43969/06
• Country:   TUR
• Relevant ECHR article(s): 6, 6-1, 13, P1-1
• Conclusion:
  Violation of Article 6 - Right to a fair trial (Article 6 - Administrative proceedings
  Civil proceedings
  Article 6-1 - Fair hearing)
• Result: Violation
SEE FINAL JUDGMENT

JURI Prediction

• Probability: 0.660959
• Prediction: No violation

• Inconsistent

Communication text used for prediction

The application concerns the six-month statutory time-limit to challenge results of cadastral surveys.
Upon a forest cadastral survey, the applicants’ registered land was classified as forest area.
The applicants initiated civil proceedings before the Tekirdağ civil court of first instance, seeking the annulment of the outcomes of the cadastral survey.
The applicants’ case was firstly accepted by the civil court of first instance and this decision was upheld by the Court of Cassation.
However, upon the defendant administrations’ request for rectification, the Court of Cassation quashed the decision for failure to observe the six-month statutory time-limit.
In its decision, the Court of Cassation stated that Law no.
3373, which determined a new statutory time-limit as 10 years was not applicable, as it had come into force after the cadastral survey had been conducted.
It further noted that the fact that Law no.
3373 had come into force before the outcome of the cadastral survey was promulgated did not have any effect to reach a different conclusion.
The applicants complain of a violation of their right to access to court within the meaning of Article 6 of the Convention.
They further complain of a breach of their right to peaceful enjoyment of their possessions within the meaning of Article 1 of Protocol No.
1 to the Convention.