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19 CASES CONCERNING THE ADMINISTRATION'S DELAY IN PAYMENT OF ADDITIONAL COMPENSATION FOR EXPROPRIATION AGAINST TURKEY

Doc ref: 1901/02, 76855/01, 48055/99, 72632/01, 61693/00, 61739/00, 61736/00, 47354/99, 6366/03, 33696/02, 17... • ECHR ID: 001-84554

Document date: December 19, 2007

Inbound citations: 8
•
Cited paragraphs: 2
•
Outbound citations: 0

19 CASES CONCERNING THE ADMINISTRATION'S DELAY IN PAYMENT OF ADDITIONAL COMPENSATION FOR EXPROPRIATION AGAINST TURKEY

Doc ref: 1901/02, 76855/01, 48055/99, 72632/01, 61693/00, 61739/00, 61736/00, 47354/99, 6366/03, 33696/02, 17... • ECHR ID: 001-84554

Document date: December 19, 2007

Cited paragraphs only

Resolution CM /ResDH(2007) 166 [1]

Execution of the judgments of the European Court of Human Rights

in 19 cases concerning the administration ' s delay in payment of additional compensation for expropriation 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 delays in payment of additional compensation for expropriation and the insufficient rate of default interest applicable (violations of Article 1 of P rotocol No. 1);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken in order 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;

Having examined the measures taken by the respondent state to that effect;

Whereas during the examination of the cases by the Committee of Ministers, the government of the respondent state recalled that measures had already been taken to avoid new violations of the same kind (see Resolutions ResDH(2001)70 and ResDH(2001)71 in the cases Aka and AkkuÅŸ against Turkey , respectively), in particular through the entry into force on 1 January 2000 of Law No. 4489, which brought the statutory rate of default interest into line with the annual rediscount rate applied by the Turkish Central Bank to short-term debts (the latter rate is fixed and permanently reviewed, taking into account particularly the country ' s inflation rate), and indicated that the Court ' s judgments had been sent out to the authorities directly concerned,

DECLARES 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(2007)166

Details of cases

Name of the case and application No.

Date of judgment

Final on

P ecuniary damage

Non-pecuniary damage

Costs and expenses

Date of payment

ACAR Mehmet Emin

1901/02

10/10/06

10/01/07

17 455 €

1 000 €

10/04/07

ACIKGOZ

76855/01

24/10/06

24/01/07

2 754 €

1 000 €

20/04/07

AKKAN and ERKIZILKAYA

48055/99

24/10/06

23/05/07

88 000 €

21/08/07

ALDEMIR and others

72632/01

01/03/07

01/06/07

5 900 €

1 000 €

29/08/07

ATAY

61693/00

16/01/07

16/04/07

2 700 €

450 €

13/07/07

BELER

61739/00

09/01/07

09/04/07

12 890 €

500 €

05/07/07

GUVENC

61736/00

19/12/06

19/03/07

62 650 €

2 500 €

19/06/07

KAHRAMAN KORKMAZ and others

47354/99

23/01/07

23/04/07

83 260 €

1 000 €

19/07/07

KA P LAN

6366/03

03/10/06

03/01/07

5 250 €

29/03/07

KAYA Hasan

33696/02

21/12/06

21/03/07

44 192 €

1 000 €

21/06/07

KAYA Mehmet Hanifi

17742/03

06/03/07

06/06/07

1 000 €

500 €

05/09/07

KILIC Ertugrul

38667/02

12/12/06

12/03/07

620 €

800 €

11/06/07

KURT et autres

13932/03

23/01/07

23/04/07

77 500 €

20/07/07

FIDAN Murvet and others

48983/99

26/09/06

26/12/06

1 762 €

500 €

21/03/07

OZ et BAS P INAR

41227/02

17/10/06

17/01/06

5 000 €

750 €

17/04/07

P AMUK

131/02

19/12/06

19/03/07

36 273 €

500 €

19/06/07

TUNCAY and others

11898/03

14/11/06

14/02/07

331 568 €

6 500 €

14/05/07

USTUNCAN and others

11914/03

24/10/06

24/01/07

16 935 €

500 €

20/04/07

YAZGANOGLU

57294/00

17/10/06

17/01/07

21 483 €

600 €

17/04/07

[1] Adopted by the Committee of Ministers on 19 December 2007 at the 1013th meeting of the Ministers’ Deputies

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