THIRD SECTION

DECISION

Application no. 44004/98 by Mehmet Ali TÃœRKMENOÄžLU and Osman BENEK 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 31 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 national s , born in 1935 and 1934 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 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 and these amounts were paid to them when the expropriation took place.

Following the applicants’ requests for increased compensation, on 31 October 1996, the national courts awarded them additional compensation plus interest at the statutory rate of 30 % per annum. The due amounts were paid to the applicants in 1998.

Details are indicated in the tables below:

NAMES OF APPLICANTS

DATE OF FINAL DECISION 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)

Mehmet A. Türkmenoğlu

31.10.1996

  6.494.000.000

22.04.1998

12.343.084.000

Osman Benek

31.10.1996

20.000.000.000

04.02.1998

34.589.640.000

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 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 100,000 (one hundred thousand) United States dollars to Mr Mehmet Ali Türkmenoğlu and Mr Osman Benek with a view to securing a friendly settlement of the application registered under no. 44004/98. This sum shall cover any pecuniary and non-pecuniary damage as well as costs.

50,000 (fifty thousand) 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 pursuant to the Article 39 of the European Convention on Human Rights. 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 Government further agree to pay the remaining 50,000 (fifty thousand) 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 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 100,000 (one hundred thousand) United States dollars covering pecuniary and non-pecuniary damage and costs to Mr Mehmet Ali Türkmenoğlu and Mr Osman Benek with a view to securing a friendly settlement of application no. 44004/98 pending before the Court.

I also note that the payment of the sum will be paid in the following conditions: 50,000 (fifty thousand) US dollars within three months from the date of delivery of the decision by the Court ...and 50,000 (fifty thousand) 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 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