Constitutional Court Ruling on Right to Property: 'Every Act of Confiscation Causes Damage'

Click to read the article in Turkish / Kurdish

The Constitutional Court has ruled for a businessperson who claimed his/her products that were confiscated during a penal investigation were damaged and demanded compensation.

The court said, "In order to the intervention to the applicant's right to property by confiscation to be measured, the applicant's loss need to be recovered," in its verdict.

Confiscated products returned four years later

On July 15, 1999, the textiles the applicant's company tried to export to Libya were confiscated by the customs authorities on the ground that the products are different in quantity and quality than it was stated in the customs declaration and the value of the products were shown higher than it is.

Upon the bill of indictment that was prepared by the İzmir Chief Public Prosecutor's Office, a lawsuit was filed against T.Y., the company's board chair, and O.N.G., a customs broker, for "mass smuggling at customs."

Both defendants were acquitted by the İzmir 1st Heavy Penal Court. The court also ruled that the confiscated property shall be returned after the judgment become definite.

After the Supreme Court of Appeals upheld the court's verdict, the products were returned to the owners of the company on March 10, 2003.

Lawsuit for compensation

The owner of the company filed a lawsuit against the Ministry of Finance and Customs the İzmir 3rd Commercial Court of First Instance.

T.Y. alleged that because of the confiscated products stayed in packages for four years, it possible that they became faulty and monetary damage such as loss of earnings, loss of value and costs of overhauling.

The owner of the company requested that his monetary losses shall be compensated and the compensation money shall be determined upon the legal interest rate.

After his applications were ping-ponged between several courts and were rejected at the end, T.Y. made an individual application to the top court.

"Applicant's loss needs to be recovered"

The Constitutional Court announced its judgment today (March 13), ruling that the company's owner's right to property is violated and the case she/he filed for compensation shall be sent to İzmir 2nd Administrative Court for a retrial.

In its reasoned decision, the court said, "In order to the intervention to the applicant's right to property by confiscation to be measured, the applicant's loss needs to be recovered."

The top court said that the textile products that the applicant wanted to export were confiscated upon the suspicion of smuggling, but after the penal investigation and the prosecution, it was determined that the goods were not smuggled.

"Every act of confiscation causes damage"

The reasoned decision also said:

"According to the statements by the customs authorities, these belongings were confiscated for three years and eight months. The applicant could not benefit from his/her belongings during this period and it was determined that the value of the belongings were decreased.

"Since any compensation was not paid to the applicant, it is clear that the intervention in the right to property by confiscation caused an excessive burden for the applicant."

"As the Constitutional Court clearly stated in the applications regarding the violation of the right to property, every act of confiscation inevitably causes damage." (AS/VK)