Turkey’s 3rd circuit court of cassation (Yargitay 3. Hukuk Dairesi) has ruled for the re-trial of the sale of a land plot in the Ataturk Forest Farm to the US embassy.

This is according to Tezcan Karakus Candan, head of the Ankara Chamber of Architects between 2014 and 2023, who wrote on August 21 in a tweet (@tezcandan) that the first hearing of the new trial is scheduled for September 24.

During Candan's term, the chamber filed a lawsuit against the government-run housing development administration Toki for allegedly illegally selling the plot.

Procedural deficiencies

The 3rd circuit court’s ruling was based on procedural grounds.

The ruling was first issued in 2018 by the Ankara 9th civil court of first instance (9. Asliye Hukuk Mahkemesi) and approved in 2021 by the Ankara 4th circuit courts of appeal (Bolge Idare Mahkemesi 4. Dairesi).

Sold on Erdogan’s order

The 36,999 square metre (m2) land plot was first transferred in 1983 to the Gazi University. The university transferred it to Toki in 2010, and Toki sold it to the US embassy in 2013.

The sale was executed based on an order issued in 2012 by the then PM Recep Tayyip Erdogan, the 9th civil court said in its ruling.

It was also in line with the Vienna Convention on Diplomatic Relations. Under the scope of the convention, Turkey’s finance ministry provides embassies with land plots.

Legal testament of legal owner

In its complaint, the chamber argued that the sale was in breach of Mustafa Kemal Ataturk’s legal testament.

However, the 9th civil court ruled that the US, a party in the contract, had acted in good faith, and an annulment of the sale would hurt the US as a third party. As a result, it dismissed the case.

In the end, the 3rd circuit court ruled that the 9th civil court’s ruling lacked clear references to related legislation and it should issue a new ruling.

$88mn sale price

In 2017, it was revealed that the US had paid $88mn for the property. On August 22, 2022, the US embassy moved to its newly built complex in the AOC located in Cukurambar district. In 2024, it sold its old building.

Looting

In 1925, Ataturk Orman Ciftligi (AOC, or Ataturk Forest Farm) was established personally by Ataturk, the founder of the Republic of Turkey, proclaimed in 1923.

The project aimed to provide local farmers with a model for modern agricultural practices.

Erdogan’s Bestepe palace is also built on a plot within the farm. It is also subject to ongoing court cases.

In June, Erdogan’s Directorate of Communications Centre for Countering Disinformation (DMM, @dmmiletisim) said that the claims suggesting the council of state ruled the palace was an illegal estate were incorrect.