THIRD SECTION

DECISION

Application no. 42769/98 by Ahmet Remzi IÅžIKLI against Turkey

The European Court of Human Rights (Third Section), sitting on 20 June 2002 as a Chamber composed of

Mr G. Ress , President , Mr L. Caflisch , Mr P. Kūris , Mr R. Türmen , Mr J. Hedigan , Mrs M. Tsatsa - Nikolovska , Mrs H.S. Greve , judges , and Mr V. Berger , Section Registrar ,

Having regard to the above application lodged on 30 June 1998,

Having regard to the formal declarations accepting a friendly settlement of the case submitted by the Government and the applicant on 30 April 2002 and 8 November 2001 respectively,

Having deliberated, decides as follows:

THE FACTS

The applicant is a Turkish national, born in 1928 and living in Ä°zmir . He is represented before the Court by Mr Mehmet N. Terzi , a lawyer practising in Ä°zmir .

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

The General Directorate of National Roads and Highways ( Devlet Karayolları Genel Müdürlüğü ) expropriated two plots of land belonging to the applicant in İzmir 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 applicant when the expropriations took place.

The applicant initiated two separate proceedings in the Bornova Civil Court of General Jurisdiction and requested additional compensations. The national courts awarded him an additional compensation plus an interest at the statutory rate of 30 % per annum in respect of each of his claims and these decisions became final on 19 December 1996 and 6 April 1993 respectively. The due amounts were paid to the applicant in 1998.

Details are indicated in the table below:

DATE ON WHICH THE DECISION AS REGARDS ADDITIONAL COMPENSATION BECAME FINAL

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)

    19.12.1996

(for the first set of proceedings)

15.462.656.000

02.03.1998 and   15.06.1998

26.995.631.000

(26.531.752.000 on 02.03.1998 and 463.879.000 on 15.06.1998)

   06.04.1993

(for the second set of proceedings)

296.318.911

13.01.1998

804.915.000

COMPLAINT

The applicant complains 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, he had been paid insufficient interest on additional compensation received following the expropriation of his land and the authorities had delayed in paying him the relevant amounts.

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 55,000 (fifty-five thousand) United States dollars to Mr Ahmet Remzi Işıklı with a view to securing a friendly settlement of the application registered under no. 42769/98. This sum shall cover any pecuniary and non-pecuniary damage as well as costs.

27,500 (twenty-seven thousand five hundred) US dollars 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 US dollars to a bank account named by the applicant, free of any taxes and charges that may be applicable.

The Government further agree to pay the remaining 27,500 (twenty-seven thousand five hundred) US dollars within six months following notification of the decision by the Court... This sum shall also be paid in US dollars to a bank account named by the applicant, 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 applicant:

“I note that the Government of Turkey are prepared to pay the sum of 55,000 (fifty-five thousand) United States dollars covering pecuniary and non-pecuniary damage and costs to Mr Ahmet Remzi Işıklı with a view to securing a friendly settlement of application no. 42769/98 pending before the Court.

I also note that the payment of the sum will be paid in the following conditions: 27,500 (twenty-seven thousand five hundred) US dollars within three months from the date of delivery of the decision by the Court ... and 27,500 (twenty-seven thousand five hundred) US dollars 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 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 strike the application out of its list of cases.

Vincent Berger Georg Ress Registrar President