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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

current fair value of the expropriation price of the immovable in question, or for relative
administrations’ renouncing the immovables that have been planned to be expropriated
if no operations are to be launched for expropriation purposes so that citizens can
exercise their right of disposition on the immovables.

Case Summary

Request for Payment of Receivables Arising from Confiscation without
Expropriation

The applicant cooperative stated that receivables from the Ministry of Youth and Sports
arising from confiscation without expropriation and dating back to 2011 had not been
nd
paid yet and requested that the Decision no. 2011/461 E. 2012/596 K. Of the 2 Civil
Court of First Instance in Aydın be duly implemented and demanded relief.

As a result of the evaluations made on the application, it was concluded, as per Article
138 of the Constitution and Article 28 of Procedure of Administrative Justice Act
No. 2577, which stipulate that the administrations shall not delay the execution of
the decision of independent and impartial courts nor shall they fail to execute the
decisions concerning payment of a debt within a reasonable time by claiming lack
of economic resources, which would bring about the violation of right to fair trial
as per the established case-laws of both the European Court of Human Rights and
Constitutional Court; considering the fact that implementation of a judicial ruling with
delay would constitute dereliction of duty and as per the provision laying down that
“The administration shall be liable to compensate for damages resulting from its actions and
acts” in Article 125 of the Constitution, that the failure of the administration to duly
execute the court decision was unlawful and unfair.

Taking into account the claims of the applicant, clarifications of the relative
administration, relative legislative provisions, jurisprudence and information and
23
documents in the file, it was decided to submit a Recommendation to the Ministry
of Youth and Sports so that the administration would take an act within a reasonable
period to execute the relevant court decision.
POPULATION, CITIZENSHIP, REFUGEE AND ASYLUM RIGHTS

In 2019, the applications filed in the field of “Population, Citizenship, Refugee and
Asylum rights” were mostly regarding the following matters: Civil registration services
and procedures, citizenship services, problems relating to visa and passport, problems
of Turkish citizens living abroad temporarily or permanently, problems of asylum
seekers and fugitives, and other related matters in this field.

23 Recommendation dated 05/08/2019 on the application no. 2019/3797

2019 ANNUAL REPORT 97