THIRD SECTION

DECISION

Application no. 43822/98 by Süleyman and Hatice KURMUŞ 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 14 July 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 are Turkish nationals, born in 1960 and 1927 respectively and living in Ä°zmir . They are represented before the Court by Mr M.N. 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 a plot of land belonging to the applicants in İzmir in order to build a motorway. A committee of experts assessed the value of the plot of land 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 1996 the Court of Cassation upheld the decisions of the first instance courts and the due amounts were paid to the applicants on 5 February 1998.

Details are indicated in the tables below:

DATE OF FINAL DECISION DELIVERED 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)

09.07.1996

870.000.000

05.02.1998

1.588.552.822

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 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 3,400 (three thousand four hundred) United States dollars to Mr Süleyman Kurmuş and Ms Hatice Kurmuş with a view to securing a friendly settlement of the application registered under no. 43822/98. 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. 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 3,400 (three thousand four hundred) United States dollars covering pecuniary and non-pecuniary damage and costs to Mr Süleyman Kurmuş and Ms Hatice Kurmuş with a view to securing a friendly settlement of application no. 43822/98 pending before the Court.

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