THIRD SECTION

DECISION

Application no. 44249/98 by H.B. against Turkey

The European Court of Human Rights (Third Section), sitting on 14 March 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 with the European Commission of Human Rights on 8 June 1998,

Having regard to Article 5 § 2 of Protocol No. 11 to the Convention, by which the competence to examine the application was transferred to the Court,

Having regard to the formal declarations accepting a friendly settlement of the case submitted by the applicant and the Government on 2 January and 15 February 2002 respectively,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr H.B., is a Turkish national, who was born in 1933 and lives in EskiÅŸehir . He was represented before the Court by Mr S. Sarikaya , a lawyer practising in Ankara.

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

In 1990 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 applicant in Mamak district in Ankara. A committee of experts assessed the value of the plots of land belonging to the applicant and compensation was paid to him when the expropriation took place.

Following the applicant’s request for increased compensation, the Ankara First Instance Court awarded him additional compensation at the statutory rate of 30% per annum, namely the rate applicable at the date of the court’s decision. The date, 2 September 1993, was fixed by the domestic court for the running of the statutory rate of interest.

On 29 November 1994 upon the General Directorate’s appeal, the Court of Cassation upheld the decision of the first instance court.

On 22 January 1998 the administration paid the applicant the additional compensation awarded to him together with interest. The interest on the additional compensation was calculated at the statutory rate applicable between the date of the decision of the Court of Cassation in favour of the applicant and 31 December 1997, namely 30%. As regards the period after 1 January 1998 the interest was calculated at the then applicable rate, namely 50%.

Between 1993 and 1999 the rate of inflation averaged 81.7% per annum.

COMPLAINTS

The applicant complains under Article 1 of Protocol No. 1 to the Convention that the rate of interest applied to the calculation of the additional compensation granted to him for the expropriation of his land was too low. He also complains about the delay in obtaining the additional compensation.

THE LAW

On 2 January 2002 the Court received the following declaration signed by the applicant’s representative:

“In my capacity as the representative of the applicant, H.B., I have taken cognizance of the declaration of the Government of the Republic of Turkey that they are prepared to make an ex gratia all-inclusive payment of 50,000 (fifty thousand) United States dollars (USD) with a view to concluding a friendly settlement of the case that originated in application no. 44249/98. This sum, which is to cover any pecuniary and non-pecuniary damage as well as legal costs and expenses connected with the case, will be paid in accordance with the terms stipulated in the said declaration within three months after the notification of the Court’s decision...

Having duly consulted the applicant, I accept that offer and he, in consequence, waives all other claims against Turkey in respect of the matters that were at the origin of the application. We declare that the case has been settled finally.

This declaration is made within the scope of the friendly settlement which the Government and I, in agreement with the applicant, have reached.”

On 15 February 2002 the Court received the following declaration from the Government:

“I declare that the Government of Turkey offer to pay ex gratia to the applicant, H.B., an all-inclusive amount of 50,000 (fifty thousand) United States dollars (USD) with a view to securing a friendly settlement of his application registered under no. 44249/98. This sum, which is to cover any pecuniary and non-pecuniary damage as well as legal costs and expenses connected with the case, shall be free of any tax that may be applicable and be paid in United States dollars (USD) to a bank account named by the applicant and / or his duly authorised representative. This sum shall be payable within three months from the date of notification of the [decision] delivered by the Court... This payment will constitute the 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 Court).

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

Vincent Berger Georg Ress Registrar President