THIRD SECTION

FINAL DECISION

Application no. 42904/98 by Hasip TOKSOY 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 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 15 July 2003 respectively,

Having deliberated, decides as follows:

THE FACTS

The applicants, Hasip Toksoy , Veli Ergeç , Ali Pan, Mehmet Ramiz Yüksel , Hatice Soy, İlyas Soy, Selam Soy, Duran Soy, Fatma Soy, Ali Soy, İlhami Soy, İbrahim Soy, Veli Soy and Mustafa Soy; are Turkish nationals. By a letter dated 27 August 2001 the applicants’ representatives informed the Court that the applicant Mehmet Ramiz Yüksel had died on 14 December 1998 and that his heirs Nejla Yüksel , Enver Yüksel , Sadettin Yüksel , Saliha Yüksel ( Topal ), Abdulkadir Yüksel , Hatice Yüksel ( Gözdeli ), Ismail Yüksel , Burhanettin Yüksel , Cemil Yüksel wish to pursue the application. By the same letter the applicants’ representatives informed the Court also that the applicant Hatice Soy had died on 22 November 2000 and that her heirs İbrahim Soy, Veli Soy, Mustafa Soy, Ali Soy, İlyas Soy, Duran Soy, Selam Soy, Fatma Soy ( Yer ), Döndü Soy as the guardian of Raziye Soy and Selma Soy) wish to pursue the application. Furthermore they also informed the Court that the applicant Ilhami Soy had died on 25 April 1999 and that his heirs ( Döndü Soy as the guardian of Raziye Soy and Selma Soy) wish to pursue the 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 decision of the first instance court. In the beginning of 1998 the due amounts were paid to the applicants respectively.

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

1 . Hasip TOKSOY

04.10.1994

05.12.1996

  856.340.825

21.01.1998

2 . Veli ERGEÇ

15.10.1993

29.09.1994

  250.000.000

23.01.1998

3 . Ali PAN

09.09.1992

03.10.1994

  66.429.132

21.01.1998

4 . Nejla YÃœKSEL

Enver YÃœKSEL

Sadettin YÃœKSEL

Saliha YÃœKSEL ( Topal )

Abdulkadir YÃœKSEL

Hatice YÜKSEL ( Gözdeli )

Ä°smail YÃœKSEL

Burhanettin YÃœKSEL

Cemil YÃœKSEL

26.02.1992

02.02.1995

113.045.805

21.01.1998

5 . Ä°brahim SOY

Veli SOY

Mustafa SOY

Ali SOY

Ä°lyas SOY

Duran SOY

Selam SOY

Fatma SOY ( Yer )

Döndü SOY (as the guardian of Raziye SOY and Selma SOY)

Ä°lyas SOY

Selam SOY

Duran SOY

Fatma SOY ( Yer )

Ali SOY

Döndü SOY,

Döndü SOY(as the guardian of Raziye SOY and Selma SOY)

Ä°brahim SOY

Veli SOY

Mustafa SOY

06.07.1993

05.05.1994

670.000.000

21.01.1998

COMPLAINTS

The applicants allege that the rate of interest applied in the calculation of the additional compensation for expropriation was too low. They 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 43,900 (forty-three thousand nine hundred) euros to Mr Hasip Toksoy , Mr Veli Ergeç , Mr Ali Pan, the heirs of Mr Mehmet Ramiz Yüksel (Ms Nejla Yüksel , Mr Enver Yüksel , Mr Sadettin Yüksel , Ms Saliha Yüksel ( Topal ), Mr Abdulkadir Yüksel , Ms Hatice Yüksel ( Gözdeli ), Mr Ismail Yüksel , Mr Burhanettin Yüksel , Mr Cemil Yüksel ), the heirs of Ms Hatice Soy (Mr Ibrahim Soy, Mr Veli Soy, Mr Mustafa Soy, Mr Ali Soy, Mr Ilyas Soy, Mr Duran Soy, Mr Selam Soy, Ms Fatma Soy ( Yer ), Mrs Döndü Soy (as the guardian of Ms Raziye Soy and Ms Selma Soy), Mr İlyas Soy, Mr Selam Soy, Mr Duran Soy, Ms Fatma Soy ( Yer ), Mr Ali Soy, the heirs of Mr İlhami Soy (Ms Döndü Soy, Ms Döndü Soy (as the guardian of Ms Raziye Soy, and Ms Selma Soy), Mr İbrahim Soy, Mr Veli Soy and Mr Mustafa Soy [1] with a view to securing a friendly settlement of the application registered under no. 42904/98. This sum shall cover any pecuniary and non-pecuniary damage as well as costs and will be divided up as follows:

Mr Hasip Toksoy   4,400 EUR

Mr Veli Ergeç   7,700 EUR

Mr Ali Pan   2,200 EUR

The heirs of Mr M. Ramiz Yüksel (Ms Nejla Yüksel , Mr Enver Yüksel , Mr Sadettin Yüksel , Ms Saliha Yüksel ( Topal ), Mr Abdulkadir Yüksel , Ms Hatice Yüksel ( Gözdeli ), Mr Ismail Yüksel , Mr Burhanettin Yüksel , Mr Cemil Yüksel ),                                                                                 3,600 EUR

The heirs of Ms Hatice Soy (Mr Ibrahim Soy, Mr Veli Soy, Mr Mustafa Soy, Mr Ali Soy, Mr Ä°lyas Soy, Mr Duran Soy, Mr Selam Soy, Ms Fatma Soy ( Yer ), Ms Döndü Soy (as the guardian of Ms Raziye Soy and Ms Selma Soy), Mr Ä°lyas Soy, Mr Selam Soy, Mr Duran Soy, Ms Fatma Soy ( Yer ), Mr Ali Soy, the heirs of Mr Ä°lhami Soy ( Döndü Soy, Ms Döndü Soy (as the guardian of Ms Raziye Soy, and Ms Selma Soy), Mr Ä°brahim Soy, Mr Veli Soy, Mr Mustafa Soy                                                                                                                                                26,000 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 43,900 (forty-three thousand nine hundred) euros covering pecuniary and non-pecuniary damage and costs to Mr Hasip Toksoy , Mr Veli Ergeç , Mr Ali Pan, the heirs of Mr M. Ramiz Yüksel (Ms Nejla Yüksel , Mr Enver Yüksel , Mr Sadettin Yüksel , Ms Saliha Yüksel ( Topal ), Mr Abdulkadir Topal , Ms Hatice Yüksel ( Gözdeli ), Mr Ismail Yüksel , Mr Burhanettin Yüksel , Mr Cemil Yüksel ), the heirs of Ms Hatice Soy (Mr Ibrahim Soy, Mr Veli Soy, Mr Mustafa Soy, Mr Ali Soy, Mr Ilyas Soy, Mr Duran Soy, Mr Selam Soy, Ms Fatma Soy ( Yer ), Mrs Döndü Soy (as the guardian of Ms Raziye Soy and Ms Selma Soy), Mr İlyas Soy, Mr Selam Soy, Mr Duran Soy, Ms Fatma Soy ( Yer ), Mr Ali Soy, the heirs of Mr İlhami Soy (Ms Döndü Soy, Ms Döndü Soy (as the guardian of Ms Raziye Soy and Ms Selma Soy), Mr İbrahim Soy, Mr Veli Soy and Mr Mustafa Soy with a view to securing a friendly settlement of application no. 42904/98 pending before the Court. This sum will be divided up as follows:

Mr Hasip Toksoy   4,400 EUR

Mr Veli Ergeç   7,700 EUR

Mr Ali Pan   2,200 EUR

The heirs of Mr Mehmet Ramiz Yüksel (Ms Nejla Yüksel , Mr Enver Yüksel , Mr Sadettin Yüksel , Ms Saliha Yüksel ( Topal ), Mr Abdulkadir Yüksel , Ms Hatice Yüksel ( Gözdeli ), Mr Ä°smail Yüksel , Mr Burhanettin Yüksel , Mr Cemil Yüksel ),                                                                                 3,600 EUR

The heirs of Ms Hatice Soy (Mr Ibrahim Soy, Mr Veli Soy, Mr Mustafa Soy, Mr Ali Soy, Mr Ä°lyas Soy, Mr Duran Soy, Mr Selam Soy, Ms Fatma Soy ( Yer ), Ms Döndü Soy (as the guardian of Ms Raziye Soy and Ms Selma Soy), Mr Ä°lyas Soy, Mr Selam Soy, Mr Duran Soy, Ms Fatma Soy ( Yer ), Mr Ali Soy, the heirs of Mr Ä°lhami Soy ( Döndü Soy, Ms Döndü Soy (as the guardian of Ms Raziye Soy, and Ms Selma Soy), Mr Ä°brahim Soy, Mr Veli Soy, Mr Mustafa Soy                                                                                                                                                26,000 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 add 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 applicant’s representative on 9 September 2002, the names of the heirs of the deceased applicants, Mr Mehmet Ramiz Yüksel , Ms Hatice Soy and Mr İlhami Soy, have been added.