Resolution ResDH(2005)5

concerning the judgment of the European Court of Human Rights of 8 January 2004 (final on 8 April 2004 ) in the case of Ä°lkay against Turkey

(Adopted by the Committee of Ministers on 23 February 2005 at the 914th 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 judgment of the European Court of Human Rights in the Ä°lkay case delivered on

8 January 2004 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;

Recalling that the case originated in an application (No. 42786/98) against Turkey , lodged with the European Commission of Human Rights on 18 June 1998 under former Article 25 of the Co n vention by Ms Nuran Ä°lkay , a Turkish national, 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 her possessions due to the administration ' s delay in paying additional compensation for expropriation of the applicant ' s 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 8 January 2004 the Court unanimously:

- declared the complaint admissible;

- held that there had been a violation of Article 1 of Protocol No 1;

- held that it was not necessary to examine separately the complaint under Article 13 of the Convention;

- held that the judgment in itself constituted sufficient just satisfaction as to non-pecuniary damage;

- held that the government of the respondent state was to pay the applicant within three months from the date at which the judgment became final, 1 900 euros in respect of pecuniary damage; 500 euros in respect of costs and expenses and that simple interest at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points shall be payable from the expiry of the above-mentioned three months until settlement;

- dismissed the remainder of the applicant ' s claim 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 the judgment of 8 January 2004 , 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 case 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 as that found in this case, notably 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 Akkuş against Turkey), and indicated that the Court ' s judgment had been published in the “ Yargı Mevzuatı Bülteni ” No. 244 and sent out to the authorities directly concerned;

Having satisfied itself that on 8 July 2004, within the time-limit set, the government of the respondent state had paid the a p plicant the sums provided for in the judgment of 8 January 2004,

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 this case.