
They demolished his house despite the 'stay of execution' decision

2024-01-28 12:40:54


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	AMED - Mehmet Emin Yaprak, whose house was demolished despite the "stay of execution" decision of the Amed Metropolitan Municipality trustee, stated that he had nowhere to go and asked: "How can I make a living?"&nbsp;

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	The demolition of 20 houses in the Factory District of Bajarê Nû (Yenişehir) district, for which the "expropriation" decision was made in 2021 by Amed (Diyarbakır) Metropolitan Municipality under the trustee administration, started on the morning of January 24. While the legal process continued, 18 beneficiaries were removed from their homes by police and municipal police in the middle of winter. Municipal teams also demolished the houses of property owners who decided to "stay of execution".

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	APPEAL FOUND UNLAWFUL

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	Mehmet Emin Yaprak, one of the property owners, filed a lawsuit in Diyarbakır 7th Criminal Court of First Instance in 2021, following the "expropriation" decision. While the local court found the "expropriation" decision appropriate, the Diyarbakır 3rd Administrative Court, which was objected to, gave a "stay of execution" decision.

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	The Administrative Court, which decided on the application on June 23, 2023, stated in the justification of the decision that the municipality did not comply with the existing legislation. In the justification, it was pointed out that the municipality should apply to the Enforcement Directorate after the registration of the immovable properties in the land registry, and the eviction procedures should be carried out through this directorate.

	The municipality's own implementation of the decision in question "(..) the process established to prepare for demolition and evacuate within 15 days" was not found to be in compliance with the law. The following statements were included in the unanimous decision of the court: “The transaction in question, which is clearly contrary to law; Since irreparable damages may occur if implemented, it was decided to suspend the execution without obtaining a guarantee (…) in accordance with Article 27 of Law No. 2577.”

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	DEMOLITION DECISION WAS NOT SHOWN

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	Reacting to the demolition of his house despite the "stay of execution" decision of the appeal, Yaprak said: "On Wednesday, the municipality came to demolish our houses accompanied by the police. We asked for a demolition decision, but they did not give it. Even though we asked for permission until the summer and said, 'Where will we go this winter?', they said, 'The governor has a demolition decision, we will demolish it.' Because the municipality sold the 20-acre land below the neighbourhood to contractors, and the contractors asked the municipality to open a road for the construction of buildings there. Then they came to destroy our houses. Despite all the objections of the lawyer, they said, 'there is a demolition decision'."

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	'HOW CAN I MAKE A LIVING?'

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	Yaprak, whose house was forcibly evacuated following the court order, said: “We barely took our belongings out and took them to our relatives' house. There are no houses in Amed. Existing houses are not below 10 thousand Liras. I found a house and the owner wanted 12 thousand Liras. By adding a middleman, we barely reduced it to 10 thousand Liras. I work on a weekly wage, my monthly earnings are 12 thousand Liras. My wife has been receiving lung treatment for 3 years. We have no insurance. Her medicines cost 1,500 Liras every month. How can I survive with the salary I receive?”

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	MA / Mehmet Güleş

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