THIRD SECTION

DECISION

Application no. 42982/98 by Zehra ORÇAN and Others against Turkey

The European Court of Human Rights (Third Section), sitting on 9 July 2002 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 on 22 July 1998,

Having regard to the formal declarations accepting a friendly settlement of the case submitted by the Government and the applicant on 13 May 2002 and 6 May 2002 respectively,

Having deliberated, decides as follows:

THE FACTS

The applicants,  Zehra Orçan, Hikmet Orçan, Nimet Kuvanlık, Kudret Akın, İsmet Orçan, Nurset Orçan, Ayten Saltan, Mehmet Karataşlı and Gülten Yılmaz Atilla, are Turkish nationals. They are represented before the Court by Mr Özdemir, a lawyer practising in Ankara.

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

In 1991, the General Directorate of National Roads and Highways ( Devlet Karayolları Genel Müdürlüğü ) expropriated a plot of land belonging to the applicants in Ankara. A committee of experts assessed the value of this plot of land and the due amount was paid to them when the expropriation took place.

Following the applicants’ request for increased compensation, on 22 June 1995 the Ankara Civil Court of General Jurisdiction awarded them additional compensation plus interest at the statutory rate of 30 % per annum. This decision was upheld by the Court of Cassation on 25 September 1995 and the due amount was paid to the applicants in January 1998 and August 1998 in two installments .

Details are indicated in the table below:

DATE OF FINAL DECISION DELIVERED BY THE COURT OF CASSATION 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)

25.09.1995

15,887,500,000

22.01.1998

and 04.08.1998

39,959,043,000

(on 22.01.1998) and 582,290,000 (on 4.08.1998)

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 was very high, they had been paid insufficient interest on additional compensation received following the expropriation of their land and that 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 the Government of Turkey offer to pay 220,000 (two hundred and twenty thousand) euros to Ms Zehra Orçan , Mr Hikmet Orçan , Ms Nimet Kuvanlık , Mr Kudret Akın , Mr İsmet Orçan , Mr Nurset Orçan , Ms Ayten Saltan , Mr Mehmet Karataşlı and Ms Gülten Yılmaz Atilla with a view to securing a friendly settlement of the application registered under no. 42982/98. This sum shall cover any pecuniary and non-pecuniary damage as well as costs.

110,000 (one hundred and ten thousand) euros of this sum, which corresponds to half of the whole sum agreed upon, will be payable within three months from the date of delivery 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 Government further agree to pay the remaining 110,000 (one hundred and ten thousand) euros within six months following notification of the decision by the Court... This sum shall also be paid in euros to a bank account named by the applicants, free of any taxes and charges that may be applicable. This 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 220,000 (two hundred and twenty thousand) euros covering pecuniary and non-pecuniary damage and costs to Ms Zehra Orçan , Mr Hikmet Orçan , Ms Nimet Kuvanlık , Mr Kudret Akın , Mr İsmet Orçan , Mr Nurset Orçan , Ms Ayten Saltan , Mr Mehmet Karataşlı and Ms Gülten Yılmaz Atilla with a view to securing a friendly settlement of application no. 42982/98 pending before the Court.

I also note that the payment of the sum will be paid in the following conditions: 110,000 (one hundred and ten thousand) euros within three months from the date of delivery of the decision by the Court ... and 110,000 (one hundred and ten thousand) euros within six months from the date of notification of this decision.

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