Search
document

CASE OF SENAS SERVIS ENDUSTRISI A.S AND 10 OTHER CASES AGAINST TURKEY

Doc ref: 19520/02;54902/00;43227/04;41479/05;41054/98;33433/02;26828/03;3816/03;783/03;30302/03;15121/03 • ECHR ID: 001-106963

Document date: September 14, 2011

Inbound citations: 4
•
Cited paragraphs: 0
•
Outbound citations: 0

CASE OF SENAS SERVIS ENDUSTRISI A.S AND 10 OTHER CASES AGAINST TURKEY

Doc ref: 19520/02;54902/00;43227/04;41479/05;41054/98;33433/02;26828/03;3816/03;783/03;30302/03;15121/03 • ECHR ID: 001-106963

Document date: September 14, 2011

Cited paragraphs only

Resolution CM/ ResDH (2011)167 [1]

Execution of the judgments of the European Court of Human Rights

11 cases against Turkey

(see details in Appendix)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the judgments transmitted by the Court to the Committee once they had become final;

Recalling that the violations of the Convention found by the Court in these cases concerns late payment of compensation for expropriation and of default interest (violations of Article 1 of Protocol No. 1) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken to comply with its obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgments;

Having examined the information provided by the government in accordance with the Committee ’ s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that the respondent state paid the a p plicants the just satisfaction provided in the judgments (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:

- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix) that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination of these cases.

Appendix to Resolution CM/ ResDH (2011)167

Information about the measures to comply with the judgments in 11 cases against Turkey

Introductory case summary

These cases concern the violation of the applicants ’ right to the peaceful enjoyment of their possessions due to the administration ’ s delay in paying additional compensation granted by domestic courts for expropriation of their property, and on account of the considerable difference between the rate of default interest applicable at the material time and the average inflation rate in Turkey (violations of Article 1 of Protocol No. 1).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Case and application number

Judgment of

Final on

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

Senaş Servis Endüstrisi A.Ş., (19520/02)

21/10/2008

06/04/2009

117 175 EUR

1000 EUR

118 175 EUR

Paid on 24/06/2009

Gülşen and others

(54902/00)

3/05/2007

03/08/2007

533 330 EUR

Paid on 31/10/2007

Bildirici (43227/04)

8/06/2010

08/09/2010

14 200 EUR

Paid on 01/12/2010

Üçpınar (41479/05)

21/07/2009

21/10/2009

21 700 EUR

Paid on 22/02/2010

Terece and others (41054/98)

24/10/2006

24/01/2007

173 000 EUR

1 500 EUR

174 500 EUR

Paid on 17/12/2007

Çırak and others (33433/02)

22/07/2008

26/01/2009

10 557 EUR

10557 EUR

Paid on 22/04/2009

Kurt and Fırat (26828/03)

21/04/2009

21/07/2009

1 100 EUR

6 000 EUR

7 100 EUR

Paid on 04/11/2009

Mehmet Siret Atalay (3816/03)

31/03/2009

14/09/2009

3 500 EUR

Paid on 14/12/2009

Kemal Özer and others (783/03)

20/10/2009

20/01/2010

13 000 EUR

Paid on 29/04/2010

Doğangün (30302/03)

02/06/2009

02/09/2009

EUR 5000

Paid on 02/12/2009

Erdoğan ve Fırat (15121/03)

02/06/2009

20/07/2010

02/09/2009

20/10/2010

13 350 EUR

Paid on 02/12/2009

b) Individual measures

Given the just satisfaction awarded in respect of the damages sustained by the applicants, no other individual measure was considered necessary by the Committee of Ministers.

II. General measures

Measures have already been taken to prevent similar violations (See Resolutions ResDH ( 2001)70 and ResDH ( 2001)71 closing the Aka and AkkuÅŸ cases) including in particular the entry into force on 1 January 2000 of Law No. 4489 which aligned the legal rate of default interest with the annual discount rate applied by the Turkish Central Bank to short-term debt (this rate is kept under constant review in the light in particular of the recorded rate of inflation in the country).

III. Conclusions of the respondent state

The government considers that no individual measure is required, apart from the payment of the just satisfaction, that the general measures adopted will prevent similar violations and that Turkey has thus complied with its obligations under Article 46, paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 14 September 2011 at the 1120th Meeting of the Ministers’ Deputies

LEXI

Lexploria AI Legal Assistant