THIRD SECTION

FINAL DECISION

Application no. 42826/98 by Mustafa ÖZGÖKMEN and Others against Turkey

The European Court of Human Rights (Third Section), sitting on 23 October 2003 as a Chamber composed of:

Mr G. Ress , President , Mr I. Cabral Barreto , Mr L. Caflisch , Mr R. Türmen , Mr B. Zupančič , Mrs H.S. Greve , Mr K. Traja , judges , and Mr V. Berger , Section Registrar ,

Having regard [Note1] to the above application lodged with the European Commission of Human Rights on 24 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 15 July 2003 respectively,

Having deliberated, decides as follows:

THE FACTS

The applicants, whose names are listed in the appendix, are Turkish nationals They are represented before the Court by Mr A. Akıllıoğlu and Mr A. Aktay , 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 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 decisions of the first instance courts. In the beginning of 1998 the due amounts were paid to the applicants respectively.

Details as to the date of transfer of title deed to the land, the final decision by the Court of Cassation, the amount of additional compensation and the date of payment 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

1. Mustafa ÖZGÖKMEN

15.10.1992

17.01.1994

66.082.961

11.02.1998

2. Ä°sa TOPAL

   Åžemsettin TOPAL

    Ali TOPAL

03.06.1992

12.11.1993

59.852.000

11.02.1998

3.Veli ERGEÇ

05.04.1993

17.01.1994

81.898.568

11.02.1998

4. Muzaffer ÇAKIR

Fatma ÇAKIR ( Bastık )

Emine ÇAKIR ( Güllü )

Ä°hsan ÇAKIR

Emiş ÇAKIR  ( Karaman )

Tahsin ÇAKIR

Sultan ÇAKIR (KESİK)

Hatice ÇAKIR ( Dike )

Neriman KILAVUZ

Ä°brahim ZEBUN

Sultan KÜÇÜK

Teslime ÇAKIR

Türkan ZEBUN

( Antep )

Dudu ZEBUN

21.06.1994

09.10.1995

1.365.000.000

28.01.1998

5. Ä°sa TOPAL

Åžemsettin TOPAL

Ali TOPAL

AyÅŸe YILDIRIM

Hüsne TOPAL

Asiye TOPAL

Mustafa TOPAL

Hayriddin TOPAL

Meryem TOPAL ( Balcı )

Cüneyt TOPAL

24.06.1992

15.11.1993

  25.050.000

11.02.1998

COMPLAINTS

The applicants allege that the rate of interest applied in the calculation of the additional compensation for expropriation was too low. They also complain of the delays in obtaining their compensation. In this regard they invoke Article 1 of Protocol No 1 and Article 6 of the Convention.

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 30,000 (thirty thousand) euros to Mr Mustafa Özgökmen , Mr İsa Topal , Mr Şemsettin Topal , Mr Ali Topal , Mr Veli Ergeç , Ms Zöhre Çakır , Mr Muzaffer Çakır , Ms Fatma Çakır ( Bastık ), Ms Emine Çakır ( Güllü ), Mr İhsan Çakır , Ms Emiş Çakır (Karaman), Mr Tahsin Çakır , Ms Sultan Çakır ( Kesik ), Ms Hatice Çakır (Dike), Ms Neriman Kılavuz , Mr İbrahim Zebun , Ms Sultan Küçük , Ms Teslime Çakır , Ms Türkan Zebun ( Antep ), Ms Dudu Zebun , Ms Ayşe Yıldırım , Ms Hüsne Topal , Ms Asiye Topal , Mr Mustafa Topal , Mr Hayriddin Topal , Ms Meryem Topal ( Balcı ) and Mr Cüneyt Topal [1] with a view to securing a friendly settlement of the application registered under no. 42826/98. This sum shall cover any pecuniary and non-pecuniary damage as well as costs and will be divided up as follows:

Mr Mustafa Özgökmen 3,500 EUR

Mr Ä°sa Topal , Mr Åžemsettin Topal , Mr Ali Topal 4,500 EUR

Mr Veli Ergeç 3,700 EUR

Ms Zöhre Çakır , Mr Muzaffer Çakır , Ms Fatma Çakır ( Bastık ), Ms Emine Çakır ( Güllü ), Mr Ä°hsan Çakır , Ms EmiÅŸ Çakır (Karaman), Mr Tahsin Çakır , Ms Sultan Çakır ( Kesik ), Ms Hatice Çakır (Dike), Ms Neriman Kılavuz , Mr Ä°brahim Zebun , Ms Sultan Küçük , Ms Teslime Çakır , Ms Türkan Zebun ( Antep ), Ms Dudu Zebun ,                                                                                                                      16,500 EUR

Mr Ä°sa Topal , Mr Åžemsettin Topal , Mr Ali Topal,Ms AyÅŸe Yıldırım , Ms Hüsne Topal , Ms Asiye Topal , Mr Mustafa Topal , Mr Hayriddin Topal , Ms Meryem Topal ( Balcı ) ,Mr Cüneyt Topal                                                                    1,800 EUR

This sum will be payable within three months from the date of the decision by the Court ... 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.”

The Court received the following declaration from one of the representatives of the applicants:

“I note that the Government of Turkey are prepared to pay the sum 30,000 (thirty thousand) euros covering pecuniary and non-pecuniary damage and costs to Mr Mustafa Özgökmen , Mr İsa Topal , Mr Şemsettin Topal , Mr Ali Topal , Mr Veli Ergeç , Ms Zöhre Çakır , Mr Muzaffer Çakır , Ms Fatma Çakır ( Bastık ), Ms Emine Çakır ( Güllü ), Mr İhsan Çakır , Ms Emiş Çakır (Karaman), Mr Tahsin Çakır , Ms Sultan Çakır ( Kesik ), Ms Hatice Çakır (Dike), Ms Neriman Kılavuz , Mr İbrahim Zebun , Ms Sultan Küçük , Ms Teslime Çakır , Ms Türkan Zebun ( Antep ), Ms Dudu Zebun , Ms Ayşe Yıldırım , Ms Hüsne Topal , Ms Asiye Topal , Mr Mustafa Topal , Mr Hayriddin Topal , Ms Meryem Topal ( Balcı ) and Mr Cüneyt Topal with a view to securing a friendly settlement of application no. 42826/98 pending before the Court. This sum will be divided up as follows:

Mr Mustafa Özgökmen 3,500 EUR

Mr Ä°sa Topal , Mr Åžemsettin Topal , Mr Ali Topal 4,500 EUR

Mr Veli Ergeç 3,700 EUR

Ms Zöhre Çakır , Mr Muzaffer Çakır , Ms Fatma Çakır ( Bastık ), Ms Emine Çakır ( Güllü ), Mr Ä°hsan Çakır , Ms EmiÅŸ Çakır (Karaman), Mr Tahsin Çakır , Ms Sultan Çakır ( Kesik ), Ms Hatice Çakır (Dike), Ms Neriman Kılavuz , Mr Ä°brahim Zebun , Ms Sultan Küçük , Ms Teslime Çakır , Ms Türkan Zebun ( Antep ), Ms Dudu Zebun ,                                                                                                                      16,500 EUR

Mr Ä°sa Topal , Mr Åžemsettin Topal , Mr Ali Topal , Ms AyÅŸe Yıldırım , Ms Hüsne Topal , Ms Asiye Topal ,  Mr Mustafa Topal , Mr Hayriddin Topal , Ms Meryem Topal ( Balcı ) ,Mr Cüneyt Topal                                                                  1,800 EUR

I also note that this sum will be payable within three months from the date of the decision by the Court ... 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.”

After informing the Government, the Court took into consideration the applicant’s representative’s request of 9 September 2002 to make corrections to some of the applicants’ names in the above declaration.

The Court takes note of the agreement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention or its Protocols and considers that there is no reason which would justify the continuation of the examination of the application (Article 37 § 1 in fine of the Convention and Rule 62 § 3 of the Rules of the Court).

For these reasons, the Court unanimously

Decides to disjoin the applications;

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

Vincent Berger Georg Ress Registrar President

List of Applicants

[1] Taking into consideration the letter sent by the applicant’s representative on 9 September 2002, the names of some of the applicants Fatma Çakır ( Bastık ), Emine Çakır ( Güllü ), Emiş Çakır ( Karaman ), Sultan Çakır ( Kesik ), Hatice Çakır (Dike), Türkan Zebun ( Antep ), Meryem Topal ( Balcı ), have been corrected .

[Note1] Other possible paragraphs are (can be copied here and pasted directly into text):

Having regard to the comments submitted by [the [Click and type Third-State Nationality] Government] [ [Click and type Other Third Party] ],

Having regard to the [parties’] oral submissions [of the parties and of [Click and type Third-Party Name] ] at the hearing on [Click and type Date] ,