THIRD SECTION

FINAL DECISION

Application no. 43809/98 by Hamdi TÃœRKMEN 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 applicant and the Government on 9 September 2002 and 15 July 2003 respectively,

Having deliberated, decides as follows:

THE FACTS

The applicant, Hamdi Türkmen, is a Turkish national who was born in 1917 and lives in Mersin. He was represented before the Court by Mr T. 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 applicant 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 applicant and these amounts were paid to him when the expropriation took place.

Following the applicant’s request for increased compensation, the national courts awarded him additional compensation plus an interest at the statutory rate of 30 % per annum. The applicant appealed and the Court of Cassation upheld the decision of the first instance courts. In the beginning of 1998 the due amount was paid to the applicant.

Details are indicated in the table below:

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

01.07.1992

28.05.1993

36.550.920

18.02.1998

06.07.1993

12.05.1994

789.713.000

21.01.1998

COMPLAINTS

The applicant alleges that the rate of interest applied in the calculation of the additional compensation for expropriation was too low. He also complains of the delays in obtaining his compensation. In this regard he invokes 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 33,400 (thirty-three thousand four hundred) euros to Mr Hamdi Türkmen with a view to securing a friendly settlement of the application registered under no. 43809/98. This sum shall cover any pecuniary and non-pecuniary damage as well as costs.

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 applicant, 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 applicant:

“I note that the Government of Turkey are prepared to pay the sum of 33,400 (thirty-three thousand four hundred) euros covering pecuniary and non-pecuniary damage and costs to Mr Hamdi Türkmen with a view to securing a friendly settlement of application no. 43809/98 pending before the Court.

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 applicant, 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 applicant have reached.”

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