I. Dictionary and Legal Meaning
The term "Emval-i Metruke" refers to “abandoned, left behind, and ownerless properties.” Literally meaning “abandoned or deserted properties,” emval-i metruke is defined in doctrine and court rulings as “properties left behind by those who were relocated due to political and administrative necessity determined by the government, those who deserted their place of residence and became missing or fugitives, those who fled to foreign countries, or those who fled to areas under enemy occupation at the time the emval-i metruke laws were enacted.”
In this context, immovable properties that directly pass into the ownership of the state through succession and movable properties, receivables, and debts subject to liquidation under the provisions of emval-i metruke legislation form the concept of emval-i metruke.
II. Legal Basis
To suppress rebellions, the Ottoman State enacted the Temporary Law on Measures to be Taken by the Military Authority Against Those Opposing Government Actions During Wartime dated 14 May 1331 (1915). This law, published in the Takvim-i Vekayi on 19 May 1331, issue number 2189, authorized military commanders and their deputies to take the most severe measures using military force to immediately suppress any opposition, armed attacks, or resistance by the public against government orders, national defense, or public order during wartime.
Article 2 of the law states that one of the measures to be taken is the relocation and resettlement of individuals or communities to other places.
The law of 14 May 1331 (1915) does not regulate the properties, receivables, or debts left behind by those who were subject to forced migration. However, the Temporary Law on the Abandoned Properties, Debts and Receivables of Persons Relocated to Other Places dated 13 September 1331 (1915) introduced such regulations. This law was published in the Takvim-i Vekayi on 14 September 1331 (18 Zilkade 1333), issue number 2303.
Some emval-i metruke laws such as the law dated 20.04.1338 and numbered 224, the law dated 15.04.1339 and numbered 333, and the law dated 24.05.1928 and numbered 1331 were repealed respectively by the law dated 27.10.1988 and numbered 3488 and by the law dated 10.07.1945 and numbered 4796. However, the provisions of these repealed laws, especially those that stipulate transfer to the Treasury, remain valid as they had effect at the time they came into force.
According to the laws dated 13 September 1331 (1915) and 15 April 1339 (1923), procedures concerning properties identified as emval-i metruke before the entry into force of the Lausanne Treaty will continue. However, movable properties not administered by the Government by the time of the Treaty’s enforcement shall not be subjected to administrative measures. The same procedures apply to properties identified as emval-i metruke even after the Lausanne Treaty entered into force on 6 August 1340 (1924).
III. Properties Abandoned by Greeks
Properties belonging to Orthodox Turkish citizens of Greek origin are excluded from these laws by virtue of special provisions in treaties subsequently signed with the Greek Government. Therefore, emval-i metruke laws do not apply to Greek subjects.
IV. Practice of Emval-i Metruke
The emval-i metruke laws unquestionably apply to those who became fugitives or missing persons before the entry into force of the Lausanne Treaty.
Both the temporary law dated 13 September 1331 and the Law No. 333 dated 15 April 1339 stipulate that immovable properties of individuals who had become fugitives, gone missing, or were relocated under the forms described in these laws, automatically passed to the Treasury or Foundations Authority from the moment such conditions arose.
This is clearly stated in Articles 1 and 2 of the temporary law dated 13 September 1331 and was also affirmed in the Constitutional Court Decision dated 2 June 1929, number 146, which states: “Immovable properties designated according to the laws dated 13 September 1331 and 15 April 1339 are deemed registered in the name of the Treasury.” This interpretation is further confirmed in Article 3 of the Regulation dated 29 May 1339 and numbered 2455, which notes: “The immovable properties abandoned by individuals mentioned in Article 6 of the Law dated 15 April 1339 shall, from that date, be under the possession of the Treasury and Foundations.”
Hence, if an individual was relocated or became a fugitive or missing before 6 August 1340 (1924), the ownership of their properties automatically passed to the Treasury or Foundations Authority as per the relevant law, regardless of whether a formal decision (vaziyet kararı) was made at that time. The absence of such a decision before the mentioned date does not affect the legal status of the property that already passed to state ownership.
For individuals who became fugitives or missing after 6 August 1340 (1924), emval-i metruke laws can no longer be applied. This principle was also confirmed and implemented through the Council of Ministers Decision dated 17 July 1927 and numbered 5451 (Constitutional Court Decision 1963).
V. Conclusion
If a vaziyet kararı (status decision) was taken on the basis that a property owner was a fugitive and the property was registered in the name of the Treasury or Foundations, but it is later proven that the person was not a fugitive and had not left the country between 1915 and 1924, such registration would be considered unlawful.
In that case, the annulment of the vaziyet kararı may be requested from the Administrative Court in accordance with the provisions of the Administrative Jurisdiction Procedures Law (IYUK).
Av. Fatih M. Tercan
ftercan@tercanhukuk.com