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Demolition of unauthorized constructions

The prospects for cases in this category depend on the factual circumstances. According to reports in mass media there were demolished both houses where the owners actually lived and buildings made in order to “stake out” a landplot  (the so-called “makeshift huts” ).  It  is  also  important  for  how  long  this construction existed and  the relationship that has developed with the authorities over this construction.

In general, in these cases the conclusions of  the  European  Court  in  the  case  Öneryildiz  v.  Turkey (Application No. 48939/99; Grand Chamber Judgement of 30/11/2004( could be applied). In this case the Court came to the conclusion that the existence of the right of the  state  to  demolish  an  unauthorized construction is not infinitely  extended in time and should be implemented with a reasonable  speed.  If, however, the state authorities  having a long-term possibility did not resort to the implementation of this law, an owner of a construction may qualify for protection under  Article  1  of  the  First  Protocol  to  the Convention.

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See also

Protected: 5.4. Policy on Transfer of Its Own Civil Population from among Educational Workers to the Occupied Territory