TWENTY SEVEN CASES AGAINST TURKEY
Doc ref: 52133/99, 57642/00, 66995/01, 47574/99, 51482/99, 44713/98, 45712/99, 52159/99, 853/03, 6759/03, 607... • ECHR ID: 001-78091
Document date: November 2, 2006
- Inbound citations: 88
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- Cited paragraphs: 2
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Resolution ResDH(2006)58 concerning the judgments of the European Court of Human Rights delivered between 7 October 2004 and 8 November 2005 (final between 2 February 2005 and 8 February 2006) in 27 cases against Turkey (see Appendix) concerning the administration ' s delay in payment of additional compensation for expropriation
(Adopted by the Committee of Ministers on 2 November 2006, at the 976th meeting of the Ministers ' Deputies)
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 (hereinafter referred to as “the Convention”),
Having regard to the judgments of the European Court of Human Rights delivered between 7 October 2004 and 8 November 2005, in the 27 cases, details of which appear in the appendix to this resolution, and transmitted to the Committee of Ministers once they had become final under Articles 44 and 46 of the Convention;
Recalling that the judgments delivered by the Court on 7 October 2004 became final on 2 February 2005 since, at this date, the government of the respondent state was informed that the requests for a re-hearing before the Grand Chamber had been dismissed and that the other judgments became final after three months from the date of delivery;
Recalling that the cases originated in applications against Turkey , lodged with the European Court of Human Rights delivered between 11 January 1995 and 18 November 2003 under Article 34 of the Co n vention by 27 Turkish nationals, and that the Court declared admissible the complaints relating to the breach of their right to the peaceful enjoyment of their possessions due to the administration ' s delay in paying additional compensation awarded by domestic courts for expropriation of their land in view of the considerable difference between the applicable rate of default interest at the material time and the average rate of inflation in Turkey ;
Whereas in these judgments, the Court unanimously:
- held that there had been violation of Article 1 of P rotocol No. 1 to the Convention;
- held that the government of the respondent state was to pay the applicants, within three months from the date at which the judgments became final, the amounts of just satisfaction set out in the appendix to this resolution, to be converted into Turkish liras at the rate applicable on the date of settlement and that simple interest would be payable on those sums, at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points, from the expiry of the above-mentioned three months until settlement;
- dismissed the remainder of the applicants ' claims for just satisfa c tion;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having invited the government of the respondent state to inform it of the mea s ures which had been taken in consequence of these judgments, having regard to Turkey ' s obligation under Article 46, paragraph 1, of the Conve n tion to abide by it;
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;
Recalling that no individual measure is necessary, the European Court having awarded just satisfaction to the applicants in respect of the pecuniary damage sustained;
Having satisfied itself that the government of the respondent state had either paid the a p plicants the sums provided for in the judgments within the time-limit set or the applicants had waived the default interest (see dates indicated in the appendix),
Declares, after having examined the information supplied by the Government of Turkey , that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in these cases.
Appendix to Resolution ResDH(2006)58
Details of the just satisfaction awarded to the applicants
Case
Application No.
Date of the judgment
Date of definitive judgment
P ecuniary damage
Costs
Date of payment
ACAR Ä°brahim
52133/99
13/09/05
Loading citations...13/12/05
740,00 €
500,00 €
07/03/06
ALATAS Abdullah and KALKAN Ä°smail
57642/00
11/10/05
11/01/06
6 177,00 €
1 000,00 €
11/04/06
BAÅžKAN Salih
66995/01
21/07/05
21/10/05
17 765,00 €
500,00 €
17/01/06
ÇORUH Şenay
47574/99
20/09/05
20/12/05
29 321,00 €
500,00 €
17/03/06
DEMIR P enbe Adem and others
51482/99
07/10/04
02/02/05
22 750,00 €
300,00 €
18/11/05
DERILGEN Mehmet Adem and others
44713/98
20/09/05
20/12/05
16 843,00 €
17/03/06
DOST Adem and others
45712/99
26/07/05
26/10/05
11 597,00 €
500,00 €
26/01/06
ERNEKAL Mühyettin
52159/99
13/09/05
13/12/05
550,00 €
500,00 €
07/03/06
KAHVECI Orhan
853/03
15/07/05
15/10/05
5 600,00 €
500,00 €
23/12/05
KA P LAN Cafer
6759/03
15/07/05
15/10/05
16 000,00 €
28/12/05
KA P LAN Salih
6071/03
15/07/05
15/10/05
4 630,00 €
28/12/05
KA P LAN Salih No. 2
6073/03
15/07/05
15/10/05
15 270,00 €
28/12/05
KARA P INAR Ali
49394/99
02/08/05
02/11/05
24 873,00 €
1 000,00 €
01/02/06
KOKOL ErdoÄŸan and others
68136/01
29/03/05
29/06/05
49 305,00 €
1 000,00 €
27/09/05
KURUCU Mehmet
28174/02
15/07/05
15/10/05
7 360,00 €
500,00 €
28/12/05
ÖZDES Mehmet Mithat and Ahmet Müfit
42752/98
26/04/05
26/07/05
144 000,00 €
500,00 €
21/10/05
P EMBE Gülizar and others
49398/99
21/07/05
21/10/05
82 360,00 €
500,00 €
17/01/06
ÅžAHIN Zeynep
2203/03
15/07/05
15/10/05
3 220,00 €
23/12/05
S.S. OZULAS YA P I KOO P ERATIFI
42913/98
08/11/05
08/02/06
20 203,00 €
1 000,00 €
05/05/06
TAÅž Hatice and others
46085/99
02/08/05
02/11/05
19 975,00 €
1 000,00 €
27/02/06
TASKIN Hasan
71913/01
13/09/05
13/12/05
9 147,00 €
07/03/06
ULUDAÄž Suzi
38861/03
20/10/05
20/01/06
2 105,00 €
1 000,00 €
18/04/06
UYSAL and others
13101/03
22/09/05
22/12/05
6 715,00 €
500,00 €
21/03/06
YAÅžAR Seyhmus and others
44763/98
08/11/05
08/02/06
2 032,00 €
1 000,00 €
05/05/06
YAZAR UÄŸur
51483/99
07/10/04
02/02/05
195 000,00 €
300,00 €
24/06/05
YILMAZ Bekir and GÜMÜŞ Emine
28167/02
15/07/05
15/10/05
1 745,00 €
500,00 €
28/12/05
YILMAZ Cevdet and Hatice
88/02
20/09/05
20/12/05
4 500,00 €
500,00 €
17/03/06