THIRD SECTION

DECISION

Application no. 65851/01 by Ahmet AYANA and Others against Turkey

The European Court of Human Rights (Third Section), sitting on 7 March 2002 as a Chamber composed of

Mr G. Ress , President , Mr I. Cabral Barreto , Mr L. Caflisch , Mr R. Türmen , Mr B. Zupančič , Mrs H.S. Greve , Mr K. Traja , judges , and Mr V. Berger , Section Registrar ,

Having regard to the above application lodged on 9 July 1998,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,

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

Having deliberated, decides as follows:

THE FACTS

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

The facts of the case, as submitted by the parties, 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 Izmir in order to build a motorway. A committee of experts assessed the value of the plot of land belonging to the applicants and this amount was paid to them when the expropriation took place.

Following the applicants’ request for increased compensation, on 14 February 1995 the Bornova Civil Court of General Jurisdiction awarded them additional compensation plus an interest at the statutory rate of 30 % per annum. This decision was upheld by the Court of Cassation on 9 July 1996 and the due amount was paid to the applicant in 1998.

All the details about the date of final decision delivered by the Court of Cassation , the amount of additional compensation awarded, and the date and amount of payment are indicated in the table below.

DATE OF FINAL DECISION DELIVERED BY THE COURT OF CASASATION AS REGARDS ADDITIONAL COMPENSATION

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)

09.07.1996

32.568.630.000

26.01.1998 and 24.06.1998

56.717.425.622

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 had been 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 128,000 (one hundred and twenty-eight thousand) United States dollars to Mr Ahmet Ayana , Mr Ali Ayana , Ms Aynur Ayana ( Sevim ), Ms. Asuman Ayana , Mr Süleyman Ayana , Mr Kemal Ayana , Mr Hikmet Sevim , Ms Yıldız Çolakoğlu , Mr Cengiz Kurmuş , Mr Ayhan Ayana and Ms Ayşe Gül with a view to securing a friendly settlement of the application registered under no. 65851/01. This sum shall cover any pecuniary and non-pecuniary damage as well as costs.

64,000 (sixty-four 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 64,000 (sixty-four thousand) US dollars within six months following notification of the decision by the Court pursuant to Article 39 of the European Convention on Human Rights. 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 128,000 (one hundred and twenty-eight thousand) United States dollars covering pecuniary and non-pecuniary damage and costs to Mr Ahmet Ayana , Mr Ali Ayana , Ms Aynur Ayana ( Sevim ), Ms. Asuman Ayana , Mr Süleyman Ayana , Mr Kemal Ayana , Mr Hikmet Sevim , Ms Yıldız Çolakoğlu , Mr Cengiz Kurmuş , Mr Ayhan Ayana and Ms Ayşe Gül with a view to securing a friendly settlement of application no. 65851/01 pending before the Court.

I also note that the payment of the sum will be paid in the following conditions: 64,000 (sixty-four thousand) US dollars 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 and 64,000 (sixty-four 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

APPENDIX

List of the applicants

Ahmet AYANA, who was born in 1960, resides in Ä°zmir .

Ali AYANA, who was born in 1963, resides in Ä°zmir .

Aynur AYANA, who was born in 1971, resides in Ä°zmir .

Asuman AYANA, who was born in 1974, resides in Ä°zmir .

Süleyman AYANA, who was born in 1976, resides in İzmir .

Kemal AYANA, who was born in 1931, resides in Ä°zmir .

Hikmet SEVÄ°M, who was born in 1936, resides in Ä°zmir .

Yıldız ÇOLAKOĞLU, who was born in 1956, resides in İzmir .

Cengiz KURUMUÅž, who was born in 1964, resides in Ä°zmir .

Ayhan AYANA, who was born in 1968, resides in Ä°zmir .

AyÅŸe GÃœL, who was born in 1955, resides in Ä°zmir .