The objection against the urgent expropriation in Sur filed by Diyarbakir Bar Association Deputy Chair Ahmet Özmen is taken in the scope of urgent trial procedure by Chamber 6 of the Council of State. The Council of State demanded a plea and the documents about expropriation from Prime Minister's Office and Ministry of Environment and Urban Planning within 15 days.
After the decision concerning the expropriation of 6642 plots of land in Sur province had been published in the Official Journal, Diyarbakir Bar Association Deputy Chair Ahmet Özmen appealed to the Council of State on March.
Appealing to the Council of State on behalf of Diyarbakir Bar Association, Ahmet Özmen demanded an a stay of execution on the grounds that, among the expropriated plots, there are plots belonging to public institutions, local government and bar association.
In the appeal, it is stated that the cabinet decision is a grave violation of right of property and it is against Turkish Constitutional Law, Expropriation Law and European Convention on Human Rights. It is also pointed out that such a decision is unacceptable within the limits of constitutional order.
Urgent trial procedure
Chamber 6 of the Council of State evaluated Özmen's demand of stay of execution and annulment. Council of State's Investigating Judge Levent Kızıler expressed his opinion stating that the demand of stay of execution concerning this case in the scope of urgent trial procedure should be evaluated after the respondent administrations present a plea or after the their 15-day legal period of defense is expired.
Özmen: Demolitions proceed, decision should be made urgently
Pointing out that the Council of State should be made its decision urgently, Diyarbakir Bar Association Deputy Chair Ahmet Özmen said, “Because now the administrative action for demolition is proceeding in Sur. If the decision for stay of execution is delayed, it would be meaningless and this decision would be virtually ineffective. The demolitions would be already done.”
