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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

into the ownership of the Treasury; applications claiming that the public authority
seizes the privately-owned immovable without expropriation; applications concerning
the unpaid expropriation prices despite court decisions; applications by citizens who
purchase immovable from construction companies, being appointed trustees of Savings
Deposit Insurance Fund, requests for the immovable to be handed over to applicants;
and applications fleeting to mesne profits made by the administrations.
In addition, citizens file complaints with the claim that their right to property is restricted
through expropriation of immovable properties based on the zoning programmes along
with absence of any activity for expropriation, with the request for payment for the
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

About the Request on Expropriation of the Immovable Property Specified as
“School Zone” in the Zoning Plan

The applicant stated that his or her client was the shareholder owning 322/21083 of the
shares of the immovable property located in the zoning district of Kıbrıs neighborhood
of Mamak district in Ankara province, that the related zone was specified as “high school
zone” in the zoning plan of Mamak Municipality no. 363 dated 28/12/2001, that in
his or her correspondence with the Ministry of National Education for the purpose of
expropriation the immovable property and payment of its price, the applicant received
the information that the action could not be taken by the Ministry at this stage,
but it could be done in the future if needed; for this reason, the applicant claimed
and complained that the right to property had been violated, and requested that the
necessary action be taken regarding the expropriation of the immovable property.

As a result of the evaluation made by our Institution, it was decided to issue a
3
Recommendation to the Ministry of National Education for the expropriation of the
applicant’s share in the immovable property by purchasing it within the scope of the
Expropriation Law No. 2942 dated 4/11/1983.
POPULATION, CITIZENSHIP, REFUGEE AND ASYLUM RIGHTS

The applications in the field of population, citizenship, refugee, and asylum seeker
rights mainly comprise passport problems, requests for lifting the ban of persons who
are banned to travel abroad by the judicial authorities, requests for a name equivalence
certificate demonstrating the former names of the lineal ancestors of persons who
became Turkish citizens, and requests for becoming a Turkish citizen.

3 Recommendation dated 07/05/2020 on the application no. 2019/20534

90 2020 ANNUAL REPORT