THIRD SECTION

DECISION

Application no. 40802/98 by Melek Nazlı KOÇ and Others against Turkey

The European Court of Human Rights (Third Section) , sitting on 23 May 2002 as a Chamber composed of

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

Having regard to the above application lodged on 25 February 1998,

Having regard to the formal declarations accepting a friendly settlement of the case submitted by the applicants and the Government on 8 November 2001 and 11 April 2002 respectively,

Having deliberated, decides as follows:

THE FACTS

The applicants, whose names are listed in the appendix, are Turkish nationals. They are represented before the Court by Mr Mehmet Nur Terzi , a lawyer practising in Ä°zmir .

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

The General Directorate of National Roads and Highways ( Devlet Karayolları Genel Müdürlüğü ), a state body responsible, inter alia , for motorway construction expropriated plots of land belonging to the applicants in İzmir in order to build a motorway. A committee of experts assessed the value of the plots of land belonging to the applicants and these amounts were paid to them when the expropriation took place.

Following the applicants’ requests for increased compensation, the national courts awarded them additional compensation plus an interest at the statutory rate of 30 % per annum. In 1993 the Court of Cassation upheld the decisions of the first instance courts and the due amounts were paid to the applicants in January 1998.

Details are indicated in the table below:

NAMES OF  APPPLICANTS

DATE OF FINAL DECISION BY THE COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION

AMOUNT OF ADDITIONAL COMPENSATION (INTERESTS AND LEGAL COSTS 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)

Melek Nazlı KOÇ

06.04.1993

1.472.080.000

12.01.1998

3.945.000.000

Hasan KAPLAN

Ahmet KAPLAN

Esma KARAOÄžLAN

09.06.1993

610.700.000

12.01.1998

1.636.000.000

Fikriye ERDOÄžAN

Neziha TAYSÄ°OÄžLU

Kevser BUCAK

Türkan PARLAKLAR

Aysel ÖZAYDIN

08.02.1994

132.500.000

15.01.1998

345.337.000

Nefia KAYA

UÄŸur KAYA

Necati KAYA

Fatma AYGÃœN (KAYA)

Necdet KAYA

01.02.1994

78.000.000

15.01.1998

205.288.000

Ayla KILIÇ

Makbule EKREN

05.11.1993

230.103.620

15.01.1998

612.968.000

Hatice ÇADIROĞLU

16.03.1993

271.720.000

08.01.1998

720.929.000

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 was very high, they were paid insufficient interest on additional compensation received following the expropriation of their land and that the authorities 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 two declarations from the Government proposing to pay 100,000 US dollars in two installments as follows:

Declaration (1):

“ I declare that the Government of Turkey offer to pay 100,000 (one hundred thousand) United States dollars to Ms Melek Nazlı Koç , Mr Hasan Kaplan, Mr Ahmet Kaplan, Ms Esma Karaoğlan , Ms Fikriye Erdoğan , Ms Neziha Taysioğlu , Ms Kevser Bucak , Ms Türkan Parlaklar , Ms Aysel Özaydın , Ms Nefia Kaya , Mr Uğur Kaya , Mr Necati Kaya , Ms Fatma Aygün Kaya , Mr Necdet Kaya , Ms Ayla Kılıç , Ms Makbule Ekren and Ms Hatice Çadıroğlu corresponding to half of the sum agreed upon with a view to securing a friendly settlement of the application registered under no. 40802/98. This sum shall 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 decision by the Court... This sum shall be paid in US dollars to a bank account named by the applicants, free of any taxes and charges that may be applicable.”

Declaration (2):

“I declare that the Government of Turkey offer to 100,000 (one hundred thousand) United States dollars to Ms Melek Nazlı Koç , Mr Hasan Kaplan, Mr Ahmet Kaplan, Ms Esma Karaoğlan , Ms Fikriye Erdoğan , Ms Neziha Taysioğlu , Ms Kevser Bucak , Ms Türkan Parlaklar , Ms Aysel Özaydın , Ms Nefia Kaya , Mr Uğur Kaya , Mr Necati Kaya , Ms Fatma Aygün Kaya , Mr Necdet Kaya , Ms Ayla Kılıç , Ms Makbule Ekren and Ms Hatice Çadıroğlu corresponding to half of the sum agreed upon with a view to securing a friendly settlement of the application registered under no. 40802/98. This sum shall cover any pecuniary and non-pecuniary damage as well as costs, and it will be payable within six 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 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 200,000 (two hundred thousand) United States dollars covering pecuniary and non-pecuniary damage and costs to Ms Melek Nazlı Koç , Mr Hasan Kaplan, Mr Ahmet Kaplan, Ms Esma Karaoğlan , Ms Fikriye Erdoğan , Ms Neziha Taysioğlu , Ms Kevser Bucak , Ms Türkan Parlaklar , Ms Aysel Özaydın , Ms Nefia Kaya , Mr Uğur Kaya , Mr Necati Kaya , Ms Fatma Aygün Kaya , Mr Necdet Kaya , Ms Ayla Kılıç , Ms Makbule Ekren and Ms Hatice Çadıroğlu with a view to securing a friendly settlement of application no. 40802/98 pending before the Court.

I also note that the payment of the sum will be paid in the following conditions: 100,000 (one hundred thousand) US dollars within three months from the date of delivery of the decision by the Court ... and 100,000 (one hundred thousand) US dollars within six months from the date of delivery 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...”

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

APPENDIX

List of the applicants

1. Melek Nazlı Koç , who was born in 1955, resides in Ä°zmir .

2. Hasan Kaplan, who was born in 1939, resides in Ä°zmir .

3. Ahmet Kaplan, who was born in 1947, resides in Ä°zmir .

4. Esma KaraoÄŸlan , who was born in 1946, resides in Ä°zmir .

5. Fikriye ErdoÄŸan , who was born in 1927, resides in Ä°zmir .

6. Neziha TaysioÄŸlu , who was born in 1931, resides in Ä°zmir .

7. Kevser Bucak , who was born in 1935, resides in Ä°zmir .

8. Türkan Parlaklar , who was born in 1938, resides in Ä°zmir .

9. Aysel Özaydın , who was born in 1944, resides in Ä°zmir .

10. Nefia Kara, who was born in 1930, resides in Ä°zmir .

11. UÄŸur Kaya , who was born in 1959, resides in Turkey.

12. Necati Kaya , who was born in 1956, resides in Turkey.

13. Necdet Kaya , who was born in 1954, resides in Turkey.

14. Fatma Aygün ( Kaya ), who was born in 1952, resides in İstanbul .

15. Ayla Kılıç , who was born in 1943, resides in İstanbul .

16. Makbule Ekren , who was born in 1975, resides in Ä°stanbul .

17. Hatice Çadıroğlu , who was born in 1905, resides in İzmir .