THIRD SECTION

DECISION

Application No. 73790/01

by Fazlı and Mustafa ARSLAN

against Turkey

The European Court of Human Rights (Third Section) , sitting on 21 November 2002 as a Chamber composed of

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

Having regard to the above application lodged with the European Commission of Human Rights on 7 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 observations submitted by the respondent Government and the observations in reply submitted by the applicant,

Having deliberated, decides as follows:

THE FACTS

The applicants, Mr Fazlı Arslan and Mustafa Arslan, are Turkish nationals , born in 1945 and 1947 respectively and living in İstanbul . They are represented before the Court by Mr Koçak, a lawyer practising in İstanbul.

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

In 1990, the General Directorate of National Roads and Highways ( Devlet Karayolları Genel Müdürlüğü ) expropriated a plot of land belonging to the applicants in Istanbul. A committee of experts assessed the value of the plot of land and this amount was paid to them when the expropriation took place.

Following the applicants’ request for increased compensation, on 10 May 1994 the Üsküdar Civil Court of General Jurisdiction awarded them additional compensation plus an interest at the statutory rate of 30 % per annum. This decision was upheld by the Court of Cassation on 3 October 1994 and the due amount was paid to the applicants on 13 January 1998.

Details are indicated in the table below:

DATE OF FINAL DECISION DELIVERED BY THE COURT OF CASASATION AS REGARDS ADDITIONAL COMPENSATION

AMOUNT OF ADDITIONAL COMPENSATION (INTERESTS AND LEGAL COSTS ARE NOT INCLUDED)

(In Turkish liras)

DATE OF PAYMENT

AMOUNT OF PAYMENT (INCLUDING STATUTORY INTEREST AT THE RATE OF 30 % PER ANNUM AND COSTS)

(in Turkish liras)

03.10.1994

311,220,000

13.01.1998

746,724,000

COMPLAINT

The applicants complain under Article 1 of Protocol No. 1 to the Convention that at a time when the annual rate of inflation in Turkey had been very high, they had been paid insufficient interest on additional compensation received following the expropriation of their land and the authorities had delayed in paying them the relevant amounts.

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, with a view to securing a friendly settlement of the above-mentioned case, the Government of Turkey offer to pay 8,200 (eight thousand two hundred) euros to Mr Fazlı Arslan and Mr Mustafa Arslan . This sum is to cover any pecuniary and non-pecuniary damage as well as costs, and it will be payable within three months from the date of delivery of the judgment 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 the representative of the applicants:

“I note that the Government of Turkey are prepared to pay the sum of 8,200 (eight thousand two hundred) euros covering pecuniary and non-pecuniary damage and costs to Mr Fazlı Arslan and Mr Mustafa Arslan with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.

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.”

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 strike the application out of its list of cases.

Vincent Berger Georg Ress Registrar President