THIRD SECTION

DECISION

Application no. 43225/98 by Bedri BERGUT 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 13 July 1998,

Having regard to the formal declarations accepting a friendly settlement of the case submitted by the Government and the applicant on 10 May 2002 and 19 May 2002 respectively,

Having deliberated, decides as follows:

THE FACTS

The applicants, Bedri Bergut, Sami Bergut, Ruhi Bergut, Sevim Bergut, Tunç Bergut, Elif Bergut, Engin Bergut, Fettat Bergut and Şenşık Alkan, are Turkish nationals. They are represented before the Court by Mr Karadeniz, a lawyer practising in Bolu.

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

The applicants are co-owners of two plots of land in Bolu . They own 6/7th of these lands. In 1992 and 1995 respectively, the General Directorate of National Roads and Highways ( Devlet Karayolları Genel Müdürlüğü ) expropriated the plots of land belonging to the applicants in order to build a motorway. A committee of experts assessed the value of these plots of land and the due amounts were paid to the applicants when the expropriation took place.

Following the applicants’ requests for increased compensation, on 7 March 1994 and 12 December 1995 respectively, the Düzce Civil Court of General Jurisdiction awarded them additional compensation plus interest at the statutory rate of 30 % per annum for both plots of land. These decisions were upheld by the Court of Cassation on 30 May 1994 and 30 May 1996 respectively. Subsequently, the due amounts were paid to the applicants on 2 February 1998 and 9 February 1998 respectively.

Details are indicated in the table below:

NUMBER OF PLOTS

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

AMOUNT OF ADDITIONAL COMPENSATION

CORRESPONDING TO THEIR SHARE

(INTERESTS AND LEGAL COSTS NOT INCLUDED) (In Turkish liras)

DATE OF PAYMENT

AMOUNT OF PAYMENT

CORRESPONDING TO THEIR SHARE (INCLUDING STATUTORY INTEREST AT THE RATE OF 30 % PER ANNUM AND COSTS)

(in Turkish liras)

No. 123

30.05.1994

1,204,183,884

02.02.1998

3,295,140,852

No. 1199

30.05.1996

2,602,165,710

09.02.1998

4,873,946,568

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 lands 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 the Government of Turkey offer to pay 66,000 (sixty-six thousand) euros to Mr Bedri Bergut , Mr Sami Bergut , Mr Ruhi Bergut , Ms Sevim Bergut , Ms Elif Bergut , Mr Tunç Bergut , Mr Engin Bergut , Mr Fettat Bergut and Ms Şenşık Alkan with a view to securing a friendly settlement of the application registered under no. 43225/98. This sum shall cover any pecuniary and non-pecuniary damage as well as costs.

33,000 (thirty-three 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 33,000 (thirty-three 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 66,000 (sixty-six thousand) euros covering pecuniary and non-pecuniary damage and costs to Mr Bedri Bergut , Mr Sami Bergut , Mr Ruhi Bergut , Ms Sevim Bergut , Ms Elif Bergut , Mr Tunç Bergut , Mr Engin Bergut , Mr Fettat Bergut and Ms Şenşık Alkan with a view to securing a friendly settlement of application no. 43225/98 pending before the Court.

I also note that the payment of the sum will be paid in the following conditions: 33,000 (thirty-three thousand) euros within three months from the date of delivery of the decision by the Court ... and 33,000 (thirty-three 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