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

Doc ref: 76603/01, 57647/00, 67255/01, 45807/99, 12091/03, 76498/01, 76698/01, 903/03, 75728/01, 43389/98, 65... • ECHR ID: 001-81589

Document date: June 20, 2007

Inbound citations: 11
•
Cited paragraphs: 0
•
Outbound citations: 0

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

Doc ref: 76603/01, 57647/00, 67255/01, 45807/99, 12091/03, 76498/01, 76698/01, 903/03, 75728/01, 43389/98, 65... • ECHR ID: 001-81589

Document date: June 20, 2007

Cited paragraphs only

Resolution CM /ResDH(2007) 105 [1]

Execution of the judgments of the European Court of Human Rights

in 22 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 to the Committee by the Court 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 the respondent state paid the a p plicants the just satisfactions 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)105

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

BAKIR Fatma

76603/01

13/06/06

13/09/06

4 334 €

1 000 €

06/12/06

ÇAĞLAR and others

57647/00

13/06/06

13/09/06

36 772 €

1 000 €

12/12/06

DOLGUN

67255/01

13/06/06

13/09/06

1 310 €

35 €

08/12/06

ERGÃœN

45807/99

13/06/06

13/09/06

45 000 €

1 000 €

08/12/06

ERKAN

12091/03

04/07/06

04/10/06

475 €

500 €

26/12/06

KARA and MIDILLI

76498/01

13/06/06

13/09/06

43 665 €

1 000 €

06/12/06

KAVRAROÄžLU and others

76698/01

13/06/06

13/09/06

13 140 €

1 000 €

21/12/06

KÖKMEN Mehmet No. 2

903/03

30/05/06

30/08/06

12 000 €

17/11/06

KÜÇÜK Mehmet

75728/01

20/06/06

20/09/06

6 597 €

1 000 €

08/12/06

KUR

43389/98

23/03/06

13/09/06

1 260 €

1 000 €

12/12/06

KUTLU

65914/01

04/07/06

04/10/06

26 490 €

1 000 €

26/12/06

MUSTAFA YILDIRIM

76719/01

13/06/06

13/09/06

13 406 €

1 000 €

06/12/06

OKUR

76567/01

13/06/06

13/09/06

8 997 €

1 000 €

06/12/06

SARI Yusuf

76797/01

13/06/06

13/09/06

2 794 €

1 000 €

06/12/06

TĺTĺZ and others

67144/01

13/06/06

13/09/06

1 280 €

35 €

08/12/06

TO P AKGÖZ

76481/01

13/06/06

13/09/06

2 344 €

1 000 €

06/12/06

TULUMBACI and others

76571/01

13/06/06

13/09/06

2 735 €

1 000 €

06/12/06

UYANIK

49514/99

04/07/06

04/10/06

20 700 €

500 €

26/12/06

UYANIK Kamile

12087/03

04/07/06

04/10/06

3 460 €

500 €

26/12/06

YALÇINKAYA

14788/03

30/05/06

30/08/06

14 500 €

500 €

17/11/06

YAYABAŞĺ

12083/03

04/07/06

04/10/06

4 480 €

500 €

26/12/06

YILMAZ Mehmet

12068/03

04/07/06

04/10/06

11 055 €

500 €

26/12/06

[1] Adopted by the Committee of Ministers on 20 June 2007 at the 997th meeting of the Ministers’ Deputies.

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