Resolution CM/ ResDH (2008) 89 [1]

Execution of the judgments of the European Court of Human Rights

Akıllı and 5 other cases against Turkey

(see details in Appendix)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the P rotection 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 these cases concerns the lack of compensation for the loss of title to property under Article 38 of the Law on expropriation (violations of Article 1 of P rotocol 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 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 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 in the 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

- 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 (2008)89

Information about the measures taken to comply with the judgments in the cases of Akıllı and 5 other cases against Turkey

Introductory case summary

These cases concern the violation of the applicants ’ right to the peaceful enjoyment of their possessions in that they were unable to obtain compensation for the loss of title to their property, under Article 38 of the Law on Expropriation of 04/11/1983, in force at the material time. This article provided that claims for the restitution of property occupied for purposes of public use lapse 20 years after occupation.

The European Court noted in particular that once Article 38 had entered into force, the applicants could claim neither restitution nor compensation since the time-limit fixed by Article 38 had expired (violation of Article 1 of P rotocol No.1).

I. P ayments of just satisfaction and individual measures

a) Details of just satisfaction

Name and application number

Date of judgment

Final on

P ecuniary damage

Non-pecuniary damage

Costs and expenses

P aid on

Akıllı / 71868/01

11/04/2006

13/09/2006

636 EUR

1 000 EUR

06/12/2006

Yıldız / 73016/01

10/10/2006

26/03/2007

250 000 EUR

4 000 EUR

26/06/2007

Akagün / 71901/01

05/12/2006

05/03/2007

30 000 EUR

1 500 EUR

31/05/2007

Börekçioğulları ( Çökmez ) and others/ 58650/00

19/10/2006

26/03/2007

373 000 EUR

4 000 EUR

26/06/2007

Arı and others/ 65508/01

03/04/2007

03/07/2007

240 000 EUR

4 000 EUR

28/09/2007

İnci ( Nasıroğlu )/ 69911/01

14/06/2007

12/11/2007

73 000 EUR

1 000 EUR

11/02/2008

b) Individual measures

In view of the just satisfaction awarded by the Court in respect of pecuniary damage suffered by the applicants, no further individual measure is needed.

II. General measures

These cases present similarities to that of I.R.S and others against Turkey closed by final Resolution CM/ ResDH (2007)98, and in which the Turkish authorities already adopted the necessary general measures: in a decision of April 2003 the Turkish Constitutional Court declared Article 38 of the Law on Expropriation unconstitutional on the grounds that its application was not in conformity with the principle of the rule of law and that it violated the requirements of the Convention. As a result this provision is null and void.

III. Conclusions of the respondent state

The government considers that the measures taken 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 8 October 2008 at the 1035th meeting of the Ministers’ Deputies