Resolution CM/ ResDH (2009)18 [1]

Execution of the judgments (merits and just satisfaction) of the European Court of Human Rights

Yıltaş Yıldız Turistik Tesisleri A.Ş against Turkey

(Application No. 30502/96, judgment (merits) of 24 April 2003, final on 24 September 2003

and judgment of just satisfaction (Article 41) of 27 April 2006, final on 23 October 2006)

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 violation of the Convention found by the Court in this case concerns the unreasonable amount of compensation awarded in expropriation proceedings (violation of Article 1 of Protocol No. 1) (see details in Appendix);

Having invited the government of the respondent state to inform it of the mea s ures taken to comply with Turkey ’ s 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, within the time-limit set, the respondent state paid the a p plicant the just satisfaction provided in the judgment (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 this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ ResDH (2009)18

Information about the measures to comply with the judgments (merits and just satisfaction) in the case of Yıltaş Yıldız Turistik Tesisleri A.Ş against Turkey

Introductory case summary

The case concerns the unreasonably small amount of compensation awarded in expropriation proceedings. In 1987 the applicant company purchased just under 4 million m 2 of private woodland for 6,467,693,800 Turkish liras (approximately 7.6 million US dollars at the time) and obtained planning permission in respect of part of the land. However, the applicant was later notified that the land had been expropriated 10 years before the applicant company purchased it. The applicant company sought compensation and obtained an award of TRL 22,658,069,013 (approximately USD 3,9 million at the time). However, the Court of Cassation quashed the judgment of the first instance court, disagreeing with the criteria applied by the first instance court for the calculation of the compensation. At the end of the proceedings, the applicant company was paid TRL 2,971,314,013 (approximately USD 67,834 at the time). The European Court considered that the amount of compensation determined by the domestic courts was unreasonably low when compared to the value of the property (violation of Article 1 of Protocol No. 1).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

6 100 000 EUR

10 000 EUR + 18 713 EUR (expenses of expertise)

6 128 713 EUR

Paid on 23/01/2007

b) Individual measures

The Court itself calculated a reasonable amount on the basis of an official on-site visit in order to fix the amount of the just satisfaction awarded to the applicant company. As a consequence no further measures appear necessary.

II. General measures

It is noted that this is an exceptional case, in which the Court found that the amount of expropriation compensation worked out by domestic courts was “unreasonably low”.

Since the events giving rise to this case, the Turkish law on expropriation has undergone extensive modifications. The new Law on Expropriation that went into effect on 01/01/2000 (Law No. 4489) provides an amicable bargaining mechanism between the property owner and the expropriating authorities before expropriation may take place. If the authorities are not willing to pay the amount asked by the owner, they are supposed to file a court claim to have the value calculated. The calculation shall be done using criteria generally accepted in the property sector and by reference to the value of similarly situated immovable properties. Domestic courts may also require an expert valuation.

The judgment of the European Court was translated and disseminated to the judicial authorities.

III. Conclusions of the respondent state

The Government considers that the measures adopted will prevent new 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 9 January 2009 at the 1043rd meeting of the Ministers’ Deputies