THIRD SECTION

FINAL DECISION

Application no. 42827/98 by Nurettin BALAMUT 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, Nurettin Balamut, Ali Kazan, İzzettin Sarı, Fethiye Kara, İsa Kaya, Havva Kaya (Kayaaslan), Hadice Kılınç, Yakup Kılınç, Nazmi Kılınç, Zekeriyya Kılınç, Fatma Kılınç, Sıtkı Kılınç, Bedri Kılınç are Turkish nationals. By a letter dated 27 August 2001 the applicants’ representatives informed the Court that the applicant Bedri Kılınç had died on 1 November 2000 and that his heirs Hüsne Kılınç and Gülcan Kılınç wish to pursue his application.  They were 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.Nurettin BALAMUT

  Ali KAZAN

22.06.1993

12.03.1996

   1.207.760.750

06.02.1998

2.Ä°zzettin SARI

13.04.1993

20.02.1997

  278.974.600

06.02.1998

3.Fethiye KARA

18.03.1992

09.05.1994

63.099.000

11.02.1998

4. Ä°sa KAYA

Havva KAYA (Kayaaslan)

15.10.1992

25.04.1994

165.000.000

02.02.1998

5.Hadice KILINÇ

Hüsne KILINÇ

Hüsne KILINÇ (as the guardian of Gülcan KILINÇ)

Yakup KILINÇ,

Nazmi KILINÇ

Zekeriyya KILINÇ

Fatma KILINÇ

Sıdkı KILINÇ

20.07.1993

29.11.1994

   697.110.572

06.02.1998

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 applicant’s 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 47,600 (forty-seven thousand six hundred) euros to Mr Nurettin Balamut, Mr Ali Kazan, Mr İzzettin Sarı, Ms Fethiye Kara, Mr İsa Kaya, Ms Havva Kaya (Kayaaslan), Ms Hadice Kılınç, the heirs of Mr Bekir Kılınç (Hüsne Kılınç and Hüsne Kılınç as the guardian of Gülcan Kılınç), Mr Yakup Kılınç, Mr Nazmi Kılınç, Mr Zekeriyya Kılınç, Ms Fatma Kılınç and Mr Sıtkı Kılınç [1] with a view to securing a friendly settlement of the application registered under no. 42827/98. This sum shall cover any pecuniary and non-pecuniary damage as well as costs and will be divided up as follows:

Mr Nurettin Balamut, Mr Ali Kazan 15,000 EUR

Mr İzzettin Sarı 1,500 EUR

Ms Fethiye Kara 3,500 EUR

Mr Ä°sa Kaya, Ms Havva Kaya (Kayaaslan) 7,900 EUR

Ms Hadice Kılınç, the heirs of  Mr Bekir Kılınç (Hüsne Kılınç and Hüsne Kılınç as the guardian of Gülcan Kılınç), Mr Yakup Kılınç, Mr Nazmi Kılınç, Mr Zekeriyya Kılınç, Ms Fatma Kılınç, Mr Sıtkı Kılınç                                        19,700 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 of 47,600 (forty-seven thousand six hundred) euros covering pecuniary and non-pecuniary damage and costs to Mr Nurettin Balamut, Mr Ali Kazan, Mr İzzettin Sarı, Ms Fethiye Kara, Mr İsa Kaya, Ms Havva Kaya (Kayaaslan), Ms Hadice Kılınç, the heirs of Mr Bekir Kılınç (Hüsne Kılınç and Hüsne Kılınç as the guardian of Gülcan Kılınç), Mr Yakup Kılınç, Mr Nazmi Kılınç, Mr Zekeriyya Kılınç, Ms Fatma Kılınç and Mr Sıtkı Kılınç with a view to securing a friendly settlement of application no. 42827/98 pending before the Court. This sum will be divided up as follows:

Mr Nurettin Balamut, Mr Ali Kazan 15,000 EUR

Mr İzzettin Sarı 1,500 EUR

Ms Fethiye Kara 3,500 EUR

Mr Ä°sa Kaya, Ms Havva Kaya (Kayaaslan) 7,900 EUR

Ms Hadice Kılınç, the heirs of  Mr Bekir Kılınç (Hüsne Kılınç and Hüsne Kılınç as the guardian of Gülcan Kılınç), Mr Yakup Kılınç, Mr Nazmi Kılınç, Mr Zekeriyya Kılınç, Ms Fatma Kılınç, Mr Sıdkı Kılınç                                        19,700 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 as well as adding the names of the heirs of the deceased applicants in the above declarations.

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

[1] Taking into consideration the letter sent by the applicants’ representative on 9 September 2002, the name of some of the applicants, namely Zekeriyya Kılınç and Havva Kaya (Karaaslan), have been corrected . Furthermore the names of the heirs of the deceased applicant Bekir Kılınç have been added.

[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] ,