THIRD SECTION

DECISION

Application no. 42666/98 by Sultan ÇETİN and Others against Turkey

The European Court of Human Rights (Third Section), sitting on 11 March 2004 as a Chamber composed of:

Mr G. Ress , President , Mr I. Cabral Barreto, Mr L. Caflisch , Mr R. Türmen , Mr B. Zupančič , Mr J. Hedigan, Mrs M. Tsatsa-Nikolovska, judges , and Mr V. Berger , Section Registrar ,

Having regard to the above application lodged with the European Commission of Human Rights on 8 May 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 Court's decision to apply the procedure under Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,

Having regard to the formal declarations accepting a friendly settlement of the case submitted by the applicants and the Government on 3 October 2003 and on 25 December 2003 respectively,

Having deliberated, decides as follows:

THE FACTS

The applicants, Ms Sultan Çetin, Mr Mehmet Kalaycı, Mr Kemal Çınar and Mr Bahri Şimşek, are Turkish nationals. They were represented before the Court by Mr S. Sarıkaya, a lawyer practising in Ankara.

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

In 1993 the General Directorate of National Roads and Highways expropriated plots of land belonging to the applicants in Elvan, Ankara. The value of the plots of land belonging to the applicants was assessed by the Directorate and these amounts were paid to the applicants when the expropriation took place.

Following the applicants' requests for increased compensation, the first instance court 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 2 February 1998 the due amounts were paid to the applicants.

Details are indicated in the table below:

NAMES OF THE APPLICANTS

DATE OF THE DECISION OF THE FIRST INSTANCE COURT

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

1.Sultan ÇETİN

01.06.1994

06.11.1995

369,679,800

02.02.1998

2.Mehmet KALAYCI

01.06.1994

06.11.1995

  118,483,200

02.02.1998

3. Kemal ÇINAR

01.06.1994

06.11.1995

118,483,200

02.02.1998

4. Bahri ŞİMŞEK

01.06.1994

06.11.1995

  59,241,600

02.02.1998

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 invoke 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 12,800 (twelve thousand eight hundred) euros to Ms Sultan Çetin, Mr Mehmet Kalaycı, Mr Kemal Çınar, Mr Bahri Şimşek with a view to securing a friendly settlement of the application registered under no. 42666/98. This sum shall cover any pecuniary and non-pecuniary damage as well as costs and will be divided up as follows:

Sultan Çetin 7,300 EUR

Mehmet Kalaycı 2,250 EUR

Kemal Çınar 2,250 EUR

Bahri ÅžimÅŸek 1,000 EUR

This sum 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 payment will constitute the final resolution of the case.

Ankara, 25 December 2003”

The Court had received the following declaration signed by the representative of the applicants:

“I note that the Government of Turkey are prepared to pay the sum of 12,800 (twelve thousand eight hundred) euros covering pecuniary and non-pecuniary damage and costs to Ms Sultan Çetin, Mr Mehmet Kalaycı, Mr Kemal Çınar, Mr Bahri Şimşek with a view to securing a friendly settlement of application no. 42666/98 pending before the Court. This sum will be divided up as follows:

Sultan Çetin 7,300 EUR

Mehmet Kalaycı 2,250 EUR

Kemal Çınar 2,250 EUR

Bahri ÅžimÅŸek 1,000 EUR

I also note that this sum 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.

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.

Ankara, 3 October 2003”

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, Article 29 § 3 of the Convention should no longer apply to the case and it should be struck out of the list.

For these reasons, the Court unanimously

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

Vincent Berger Georg Ress Registrar President