Abstract

In 1944, Meskhetian Turks were exiled by the Soviet Union administration. After the collapse of the Soviet Union, the hopes of the Meskhetian Turks for returning, were revived. The presence of Meskhetian Turks in various countries caused the problem to gain an international characteristics. For the solution of the problem, it was necessary for the Meskhetian Turks to express their demands in the international arena. Countries, which include Georgia and the Russian Federation, that are in transition stage after the communist regime, have made attempts to compensate for the losses of rights that were emerged. In the meantime these countries became a member of the Council of Europe, a new legal opportunity to be applied has emerged. Due to the homeland of Meskhetian Turks is still within the borders of Georgia today, Georgia has become the addressee of the problem. After the independence of Georgia, various steps were taken to eliminate the victimization experienced during the Soviet Union period, but did not make any arrangements for the return and elimination of the victimization of Meskhetian Turks. Georgia became a member of the Council of Europe in 1999 and promised to make legal arrangements for the returning of Meskhetian Turks. In 2007, Georgia made a legal regulation on returning of Meskhetian Turks. The legal regulation of Georgia has been criticized for being deficient for elimination of the victimization, and due to the problems had faced in practice. The Meskhetian Turks are still unable to return to their homelands and are unable to reach their property in this region. There have been many applications from the former communist countries and Georgia to the European Court of Human Rights (ECHR) related to the communist era. The Court (ECHR) has made a wide range of decisions on this matter. There are many decisions of the ECHR in similar cases and so, the Meskhetian Turks can seeking rights at the ECHR.