Lexploria

SECOND SECTION

PARTIAL DECISION

Application no. 37616/02 by İbrahim Halil K Ö SE and Others against Turkey

The European Court of Human Rights (Second Section), sitting on 4 November 2008 as a Chamber composed of:

Françoise Tulkens , President, Ireneu Cabral Barreto , Vladimiro Zagrebelsky , Danutė Jočienė , Dragoljub Popović , Nona Tsotsoria , Işıl Karakaş , judges, and Sally Dollé, Section Re gistrar ,

Having regard to the above application lodged with the European Commission of Human Rights on 17 May 1997,

Having regard to Article 5 § 2 of Protocol No. 11 to the Convention, by which the competence to examine the application was transferred to the Court,

Having deliberated, decides as follows:

THE FACTS

The applicants, İbrahim Halil K ö se , M ü sl ü m K ö se, Mehmet K ö se , Bozan K ö se , Meryem K ö se and Zöhre K ö se , are Turkish nationals who were born in 1955, 1961, 1966, 1957, 1964 and 1927 respectively and live in Şanlıurfa . They are represented before the Court by Mr Y. Karataş, a lawyer practising in Şanlıurfa .

The circumstances of the case

The facts of the case, as submitted by the applicants, may be summarised as follows.

On an unspecified date the Ministry of Energy and Natural Resources expropriated several plots of land belonging to the applicants in the Meteler village of Birecik , in Şanlıurfa, for the construction of the Birecik Dam.

Subsequently, the applicants commenced proceedings for additional compensation before the Birecik Civil Court for their respective plots.

The details regarding the proceedings are indicated in the table below:

NAMES OF THE

APPLICANTS

DATE ON WHICH THE APPLICANTS INITIATED PROCEEDINGS FOR ADDITIONAL COMPENSATION

DATE OF FIRST-INSTANCE COURT DECISION

DATE OF COURT OF CASSATION DECISION

AMOUNT OF ADDITIONAL COMPENSATION AWARDED

(in Turkish liras (TRL))

DATES AND

AMOUNTS OF PAYMENT

(INCLUDING STATUTORY INTEREST

AT THE RATE OF 30 %

PER ANNUM AND COSTS)

(in TRL)

İ. Halil Köse

Zöhre Köse

(parcel no. 106)

22/03/1996

22 /05/1996

10/09/1996

71,747,286

Information not provided by the applicants.

İ. Halil Köse

Zöhre Köse

(parcel no. 105)

22/03/1996

22/05/1996

10/09/1996

15,793,428

Information not provided by the applicants.

İ. Halil Köse

Zöhre Köse

(parcel no. 155)

19/03/1996

26/08/1996

18/11/1996

1,868,488,592

14/02/1997

2,324,891,115

İ. Halil Köse

Zöhre Köse

(parcel no. 193)

19/03/1996

26/08/1996

18/11/1996

2,161,447,064

14/02/1997

2,698,610,288

İ. Halil Köse

Zöhre Köse

(parcel no. 157)

19/03/1996

26/08/1996

18/11/1996

1,063,296,256

14/02/1997

1,300,603,385

İ. Halil Köse

Zöhre Köse

(parcel no. 195)

19/03/1996

26/08/1996

18/11/1996

1,850,677,152

14/02/1997

2,301,699,955

İ. Halil Köse

Zöhre Köse

(parcel no. 27)

19/03/1996

27/08/1996

27/12/1996

406,275,000

10/06/1997

495,477,646

İ. Halil Köse

Zöhre Köse

(parcel no. 150)

19/03/1996

5/07/1996

25/11/1996

209,207,112

14/02/1997

228,681,850

İ. Halil Köse

Zöhre Köse

(parcel no. 171)

19/03/1996

26/08/1996

18/11/1996

772,542,480

14/02/1997

931,692,931

İ. Halil Köse

Zöhre Köse

(parcel no. 135)

19/03/1996

26/08/1996

25/11/1996

627,694,984

14/02/1997

747,662,131

İ. Halil Köse

( parcel no. 203)

19/03/1996

27/08/1996

23/12/1996

2,667,498,900

10/06/1997

2,595,161,406

İ. Halil Köse

( parcel no. 129)

19/03/1996

11/10/1996

23/12/1996

688,410,160

10/06/1997

632,468,110

Bozan Köse

Mehmet Köse

Müslüm Köse

Meryem Köse

(parcel no. 106)

15/03/1996

22/05/1996

10/09/1996

107,611,390

Information not provided by the applicants.

Bozan Köse

Mehmet Köse

Müslüm Köse

Meryem Köse

(parcel no. 105)

15/03/1996

22/05/1996

10/09/1996

23,690,142

Information not provided by the applicants.

Bozan Köse

Mehmet Köse

Müslüm Köse

Meryem Köse

(parcel no. 155)

15/03/1996

11/06/1996

11/11/1996

2,765,682,888

Information not provided by the applicants.

Bozan Köse

Mehmet Köse

Müslüm Köse

Meryem Köse

(parcel no. 193)

15/03/1996

11/06/1996

11/11/1996

3,100,162,596

Information not provided by the applicants.

Bozan Köse

Mehmet Köse

Müslüm Köse

Meryem Köse

(parcel no. 157)

15/03/1996

11/06/1996

11/11/1996

1,579,944,384

Information not provided by the applicants.

Bozan Köse

Mehmet Köse

Müslüm Köse

Meryem Köse

(parcel no. 195)

15/03/1996

11/06/1996

11/11/1996

2,802,387,354

Information not provided by the applicants.

Bozan Köse

Mehmet Köse

Müslüm Köse

Meryem Köse

(parcel no. 27)

15/03/1996

27/01/1997

03/03/1997

609,412,800

Information not provided by the applicants.

Bozan Köse

Mehmet Köse

Müslüm Köse

Meryem Köse

(parcel no. 150)

15/03/1996

11/06/1996

11/11/1996

313,810,668

Information not provided by the applicants.

Bozan Köse

Mehmet Köse

Müslüm Köse

Meryem Köse

(parcel no. 171)

15/03/1996

11/06/1996

11/11/1996

1,143,813,720

Information not provided by the applicants.

Bozan Köse

Mehmet Köse

Müslüm Köse

Meryem Köse

(parcel no. 135)

15/03/1996

11/06/1996

11/11/1996

926,542,476

Information not provided by the applicants.

İ. Halil Köse

Zöhre Köse

Bozan Köse

Mehmet Köse

Müslüm Köse

Meryem Köse

(parcel no. 4)

15/03/1996

22/05/1996

10/09/1996

893,903,040

Information not provided by the applicants.

İ. Halil Köse

Zöhre Köse

Bozan Köse

Mehmet Köse

Müslüm Köse

Meryem Köse

(parcel no. 6)

15/03/1996

22/05/1996

10/09/1996

85,236,697

Information not provided by the applicants.

Mehmet Köse

(property not registered with the title deed)

15/03/1996

22/05/1996

10/09/1996

692,774,856

Information not provided by the applicants.

Bozan Köse

(property not registered with the title deed)

15/03/1996

22/05/1996

10/09/1996

1,190,008,422

Information not provided by the applicants.

No information has been received as to the dates and amounts of payments, if any, with respect to certain parcels despite repeated requests, as indicated in the above table.

COMPLAINTS

The applicants complained under Article 1 of Protocol No. 1 of the Convention that the excessive delay in the payment of additional compensation, coupled with the low interest rates applied, had caused them financial loss.

The applicants also maintained that the delay in the payments despite a definitive court order had breached their right to a fair hearing within a reasonable time under Article 6 § 1 of the Convention.

THE LAW

A. Shares of İbrahim Halil Köse and Zöhre Köse in parcel nos. 155, 193, 157, 195, 27, 150, 171, 135, 203 and 129

1. Article 1 of Protocol No. 1

The applicants complained under Article 1 of Protocol No. 1 of the financial loss they had suffered due to the delay in the payment of the additional compensation and of the insufficient interest rates applied.

The Court considers that it cannot, on the basis of the case file, determine the admissibility of this complaint in respect of the above parcels owned by İbrahim Halil Köse and Zöhre Köse . It is therefore necessary, in accordance with Rule 54 § 2 (b) of the Rules of Court, to give notice of this part of the application to the respondent Government.

2. Article 6 § 1 of the Convention

The applicants complained under Article 6 § 1 of the Convention about the excessive length of the period during which the administration had failed to enforce the judgment given in their favour.

The Court notes that the respective payments for the relevant parcels were all made with a maximum delay of six months. In the light of the case of Ak v. Turkey ( no. 27150/02, 31 July 2007, §§ 23-29) , the Court considers that these delays do not constitute any violation of the Convention.

It follows that this complaint is manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

B. Remaining shares and parcels

The Court notes that on 18 October 2002 and 22 August 2007 the Registry of the Court sent letters to the applicants ’ representative, the second letter via registered mail, requesting information regarding the dates and payments relating to the remaining parcels, if any. The applicants ’ representative was warned in the second letter that the relevant complaints might be struck out of the list for lack of interest in the event of failure to complete the case file by 20 September 2007. On 31 August 2007 the applicants ’ representative replied to the Registry, but failed to submit the requested information without providing any explanation.

In these circumstances, and h aving regard to Article 37 § 1 (a) of the Convention, the Court concludes that the applicants do not intend to pursue the application in relation to the remaining shares and parcels for which they submitted no payment information . Furthermore, in accordance with Article 37 § 1 in fine , the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the examination of this part of the application to be continued. It therefore decides to strike the application out of its list of cases insofar as it concerns the remaining shares and parcels .

For these reasons, the Court unanimously

Decides to adjourn the examination of the complaints of İbrahim Halil Köse and Zöhre Köse in relation to parcel nos. 155, 193, 157, 195, 27, 150, 171, 135, 203 and 129 concerning Article 1 of Protocol No. 1 ;

Decides to strike the application out of its list of cases insofar as it concerns the remaining shares and parcels .

Sally Dollé Françoise Tulkens Registrar President

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KOSE v. TURKEY

KOSE v. TURKEY

LEXI