Midyat Saint Gabriel’s Syriac Monastery Foundation v. Turkey, No. 13176/13, ECtHR (Second Section), 3 October 2023

Registration of a land used as a cemetery of a religious community. Failure to investigate the conditions of adverse possession determines a violation of Article 1 of the First Protocol, read in the light of Article 9 ECHR.

Art. 1, First Protocol, ECHR
Art. 9 ECHR

1. The burial and the cult of the dead represent an essential component of the practices of a religious community, pursuant to Article 9 of the Convention. Consequently, where the claimed properties have a destination strictly linked to such religious practice, Article 1 of Protocol No. 1 must be interpreted in light of Article 9 of the Convention.

2. Despite the silence of Article 1 of Protocol No. 1 on procedural issues, judicial proceedings relating to the respect of property rights must also provide the interested party with the opportunity to present his case to the competent authorities in order to be able to effectively contest the infringement of the rights guaranteed by that provision.