THIRD SECTION

FINAL DECISION

Application no. 42872/98 by Ahmet YILDIRIM and others against Turkey

The European Court of Human Rights (Third Section), sitting on 27 May 2004 as a Chamber composed of:

Mr G. Ress , President , Mr B. Zupančič , Mr J. Hedigan , Mrs M. Tsatsa-Nikolovska , Mrs H.S. Greve , Mr K. Traja , Mrs A. Gyulumyan, judges , and Mr M. Villiger , Deputy Section Registrar ,

Having regard to the above application lodged with the European Commission of Human Rights on 17 July 1998,

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 regard to the partial decision of 23 November 1999,

Having regard to the formal declarations accepting a friendly settlement of the case submitted by the applicants and the Government on 9 September 2002 and 20 June 2003 respectively,

Having deliberated, decides as follows:

THE FACTS

The applicants, Mr Ahmet Yıldırım, Ms Aişe Yıldırım, Ms Melek Aktekin, Mr İsharettin Yıldırım, Ms Zübeyde Çelebi, Ms Salime Yıldırım, Mr Adnan Yıldırım, Mr Hasan Türkmen, Mr Hüseyin Fikri Çopur, Mr Müslüm Çopur, Ms Emine Çopur, Mr İbrahim Çopur and Mr Mustafa Çopur, are Turkish nationals. By a letter dated 27 August 2001 the applicants' representatives informed the Court that one of the applicants, Ms Aişe Yıldırım had died on 7 April 1999 and that her heirs, Mr Ahmet Yıldırım, Ms Melek Aktekin, Mr İsharettin Yıldırım, Ms Zübeyde Çelebi, Ms Salime Yıldırım and Mr Adnan Yıldırım, wished to pursue her application. They were represented before the Court by Mr A. Akıllıoğlu, Mr A. Aktay and Mr M. Nerse, lawyers practising in Ankara.

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

The General Directorate of National Roads and Highways expropriated plots of land belonging to the applicants in Hatay and İçel in order to build the Tarsus-İçel-Çukurova-İskenderun Motorway. A committee of experts assessed the value of the plots of land belonging to the applicants and these amounts were paid to them when the expropriation took place.

Following the applicants' requests for increased compensation, the national courts awarded them additional compensation plus an interest at the statutory rate of 30 % per annum. The applicants appealed and the Court of Cassation upheld the decision of the first instance court. On 20 and 21 January 1998 the due amounts were paid to the applicants.

Details are indicated in the table below:

NAMES OF THE APPLICANTS

DATE OF TRANSFER OF TITLE DEED TO THE LAND

DATE OF FINAL DECISION BY COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION

AMOUNT OF ADDITIONAL COMPENSATION

(interests and legal costs are not included)

(in Turkish liras)

DATE OF PAYMENT

Heirs of Aişe Yıldırım

[Melek (Yıldırım) Aktekin

Ahmet Yıldırım

İsharettin Yıldırım

Zübeyde (Yıldırım) Çelebi

Salime Yıldırım

Adnan Yıldırım]

Melek (Yıldırım) Aktekin

Ahmet Yıldırım

İsharettin Yıldırım

Zübeyde (Yıldırım) Çelebi

Salime Yıldırım

Adnan Yıldırım

15.08.1991

02.10.1995

   390,000,000

20.01.1998

Hasan Türkmen

06.07.1993

05.05.1994

     984,373,000

21.01.1998

Hüseyin Fikri Çopur

Müslüm Çopur

Emine Çopur

İbrahim Çopur

Mustafa Çopur

23.02.1993

27.06.1994

     339,042,000

21.01.1998

NAMES OF THE APPLICANTS

DATE OF TRANSFER OF TITLE DEED TO THE LAND

DATE OF FINAL DECISION BY COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION

AMOUNT OF ADDITIONAL COMPENSATION

(interests and legal costs are not included)

(in turkish liras)

DATE OF PAYMENT

Heirs of Aişe Yıldırım

[Melek (Yıldırım)         Aktekin

Ahmet Yıldırım

İsharettin Yıldırım

Zübeyde (Yıldırım) Çelebi

Salime Yıldırım

Adnan Yıldırım]

Melek (Yıldırım) Aktekin

Ahmet Yıldırım

İsharettin Yıldırım Zübeyde (Yıldırım) Çelebi

Salime Yıldırım

Adnan Yıldırım

01.02.1994

25.09.1995

     200,500,000

20.01.1998

COMPLAINTS

The applicants allege that the rate of interest applied in the calculation of the additional compensation for expropriation was too low. They further complain of the delays in obtaining their compensation. They rely on Article 6 of the Convention and Article 1 of Protocol No. 1.

THE LAW

Following informal contacts between the applicants' and the Government's representatives, the Section Registrar was asked to assist the parties in reaching a solution to the matter. As a result, the Registrar addressed draft declarations to the parties.

The Court received the following declaration from the Government:

“ I declare that the Government of Turkey offer to pay 68,200 (sixty-eight thousand two hundred) euros to Ms Melek (Yıldırım) Aktekin, Mr Ahmet Yıldırım, Mr İsharettin Yıldırım, Ms Zübeyde (Yıldırım) Çelebi, Ms Salime Yıldırım, Mr Adnan Yıldırım, Mr Hasan Türkmen, Mr Hüseyin Fikri Çopur, Mr Müslüm Çopur, Ms Emine Çopur, Mr İbrahim Çopur and Mr Mustafa Çopur with a view to securing a friendly settlement of the application registered under no. 42872/98. This sum shall cover any pecuniary and non-pecuniary damage as well as costs and will be divided up as follows:

Ms Melek (Yıldırım) Aktekin, Mr Ahmet Yıldırım,

Mr İsharettin Yıldırım, Ms Zübeyde (Yıldırım) Çelebi, Ms Salime Yıldırım,

Mr Adnan Yıldırım [Taking into consideration the letter sent by the applicant's representative on 9 September 2002, the names of two applicants, namely Melek (Yıldırım) Aktekin and Zübeyde (Yıldırım) Çelebi, have been corrected. Furthermore, as the Court was informed that Ms AiÅŸe Yıldırım had passed away and her heirs, Ms Melek (Yıldırım) Aktekin, Mr Ahmet Yıldırım, Mr Ä°sharettin Yıldırım, Ms Zübeyde (Yıldırım) Çelebi, Ms Salime Yıldırım and Mr Adnan Yıldırım, wished to pursue her application, the name of the deceased applicant was removed]              10,900 EUR

Mr Hasan Türkmen 43,300 EUR

Mr Hüseyin Fikri Çopur, Mr Müslüm Çopur, Ms Emine Çopur,

Mr İbrahim Çopur and Mr Mustafa Çopur 14,000 EUR

Furthermore, 34,100 (thirty-four thousand one hundred) euros of this sum, which corresponds to half of the whole sum agreed upon, will be payable within three months from the date of the decision by the Court pursuant to the Article 37 § a) and c) of the European Convention on Human Rights. This sum shall be paid in euros to a bank account named by the applicants, free of any taxes and charges that may be applicable.

The Government further agree to pay the remaining 34,100 (thirty-four thousand one hundred) euros within six months following the decision by the Court pursuant to Article 37 § a) and c) of the European Convention on Human Rights. This sum shall also be paid in euros to a bank account named by the applicants, free of any taxes and charges that may be applicable. This payment will constitute the final resolution of the case.

Ankara, 20 June 2003”

The Court received the following declaration signed by one of the representatives of the applicants:

I note that the Government of Turkey are prepared to pay the sum of 68,200 (sixty-eight thousand two hundred) euros covering pecuniary and non-pecuniary damage and costs to Ms Melek (Yıldırım) Aktekin, Mr Ahmet Yıldırım, Mr İsharettin Yıldırım, Ms Zübeyde (Yıldırım) Çelebi, Ms Salime Yıldırım, Mr Adnan Yıldırım, Mr Hasan Türkmen, Mr Hüseyin Fikri Çopur, Mr Müslüm Çopur, Ms Emine Çopur, Mr İbrahim Çopur and Mr Mustafa Çopur with a view to securing a friendly settlement of application no. 42872/98 pending before the Court. This sum will be divided up as follows:

Ms Melek (Yıldırım) Aktekin, Mr Ahmet Yıldırım,

Mr İsharettin Yıldırım, Ms Zübeyde (Yıldırım) Çelebi, Ms Salime Yıldırım,

Mr Adnan Yıldırım 10,900 EUR

Mr Hasan Türkmen 43,300 EUR

Mr Hüseyin Fikri Çopur, Mr Müslüm Çopur, Ms Emine Çopur,

Mr İbrahim Çopur and Mr Mustafa Çopur 14,000 EUR

I also note that 34,100 (thirty-four thousand one hundred) euros of this sum, which corresponds to half of the whole sum agreed upon, will be payable within three months from the date of the decision by the Court pursuant to the Article 37 § a) and c) of the European Convention on Human Rights and the remaining 34,100 (thirty-four thousand one hundred) euros will be payable within six months from the date of this decision.

I accept the proposal and waive any further claims against Turkey in respect of the facts of this application. I declare that this constitutes a final settlement of the case.

This declaration is made in the context of a friendly settlement which the Government and the applicants have reached.

Mersin, 9 September 2002”

After informing the Government, the Court took into consideration the request made by the applicants' representatives on 9 September 2002 to remove the name of the deceased applicant from the above declarations and to correct the names of two applicants.

The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). Accordingly, the case should be struck out of the list.

For these reasons, the Court unanimously

Decides to disjoin the application from other applications;

Decides to strike the application out of its list of cases.

Mark Villiger Georg Ress              Deputy Registrar President