Resolution ResDH(2005)17

concerning the judgment of the European Court of Human Rights of 24 July 2003 (Friendly settlement) in the case of Gür against Turkey

(Adopted by the Committee of Ministers on 23 February 2005 at the 914 th meeting of the Ministers ' Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),

Having regard to the final judgment of the European Court of Human Rights in the Gür case delivered on

24 July 2003 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;

Recalling that the case originated in an application (No. 35983/97) against Turkey , lodged with the European Commission of Human Rights on 22 February 1997 under former Article 25 of the Co n vention by

Mr Mustafa Gür and Mr Osman Gür , two Turkish nationals, and that the Court, seised of the case under Article 5, paragraph 2, of P rotocol No. 11, declared admissible the complaint that there had been a breach of the applicants ' right to the peaceful enjoyment of their possessions due to the administration ' s delay in paying additional compensation for expropriation of the applicants ' property and the difference between the default interest rate applicable at the time to the debts owed to the state and the average rate of inflation in Turkey ;

Whereas in its judgment of 24 July 2003 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicants, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided unanimously to strike the case out of its list and took note of the parties ' undertaking not to request a re-hearing of the case before the Grand Chamber;

Whereas under the above-mentioned friendly settlement it was agreed that the Government of Turkey would pay the applicants, the sum of 43 000 US dollars, within three months from the delivery of the judgment;

Recalling that Rule 43, paragraph 3, of the Rules of the Court (former Article 44, paragraph 2) provides that the striking out of a case which has been declared admissible shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance, friendly settlement or solution of the matter;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that on 21 October 2003, before the expiry of the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state had paid the applicants the sum provided for in the friendly settlement ;

Recalling that, as regards the applicants ' complaint declared admissible in this case, measures had already been taken to prevent possible violations of the Convention arising from this kind of complaint, 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, (see Resolutions DH(2001)70 and DH(2001)71 in, respectively, the cases of Aka and AkkuÅŸ against Turkey);

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.