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22 CASES AGAINST TURKEY (SEE APPENDIX) CONCERNING THE ADMINISTRATION'S DELAY IN PAYMENT OF ADDITIONAL COMPENSATION FOR EXPROPRIATION AND THE APPLICABLE RATE OF DEFAULT INTEREST
Doc ref: 19264/92, 19265/92, 19266/92, 19267/92, 19268/92, 19269/92, 19270/92, 19271/92, 19272/92, 19273/92, ... • ECHR ID: 001-56314
Document date: January 6, 2004
- Inbound citations: 1
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- Cited paragraphs: 0
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- Outbound citations: 0
22 CASES AGAINST TURKEY (SEE APPENDIX) CONCERNING THE ADMINISTRATION'S DELAY IN PAYMENT OF ADDITIONAL COMPENSATION FOR EXPROPRIATION AND THE APPLICABLE RATE OF DEFAULT INTEREST
Doc ref: 19264/92, 19265/92, 19266/92, 19267/92, 19268/92, 19269/92, 19270/92, 19271/92, 19272/92, 19273/92, ... • ECHR ID: 001-56314
Document date: January 6, 2004
Cited paragraphs only
Resolution ResDH (2003)180
concerning the judgments of the European Court of Human Rights of 30 January 2001 (final on 30 April 2001) in 22 cases against Turkey (see Appendix) concerning the administration’s delay in payment of additional compensation for expropriation and the applicable rate of default interest
(Adopted by the Committee of Ministers on 6 January 2004 at the 863rd 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 judgments of the European Court of Human Rights in the 22 cases, details of which appear in the appendix to this resolution, delivered on 30 January 2001 and transmitted to the Committee of Ministers once they had become final under Articles 44 and 46 of the Convention;
Recalling that these cases originated in applications against Turkey, lodged with the European Commission of Human Rights on 26 and 29 August 1991 under former Article 25 of the Convention by 64 Turkish nationals, and that the Court, seised of the cases under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaints that there had been a breach of the applicant’s right to the peaceful enjoyment of their possessions due to the administration’s delay in paying additional compensation awarded by the domestic courts for the expropriation of the applicants’ properties and due to the loss of value this caused as a result of the substantial difference between the default interest rate applicable at the time and the average rate of inflation in Turkey;
Whereas in its judgments of 30 January 2001 concerning these cases the Court, unanimously:
- held that there had been a violation of Article 1 of Protocol 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 (for details see the table appended to the present resolution) awarded in American dollars to be converted into Turkish liras at the rate applicable on the date of settlement, and that simple interest at an annual rate of 6% would be payable on those sums from the expiry of the above-mentioned three months until settlement;
- dismissed the remainder of the applicants’ claim for just satisfaction;
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 measures which had been taken in consequence of the judgments of 30 January 2001, having regard to Turkey’s obligations under Article 46, paragraph 1, of the Convention 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, similar violations (see Resolutions ResDH (2001)70 and ResDH (2001)71 in the cases Aka and Akkuş against Turkey, respectively), 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) and indicated that the Court’s judgments had been sent out to the authorities directly concerned;
Having satisfied itself that, on the dates indicated in the appendix, within the time-limit set, the government of the respondent state had paid the applicants the sums provided for in the judgments of 30 January 2001,
Declares, after having taken note of the information supplied by the Government of Turkey, that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases.
Appendix to Resolution ResDH (2003)180
Details of the just satisfaction awarded to the applicants:
Case
Application No.
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
Paid on
AktaÅŸ and others
19264/92
642 American dollars
2 000 American dollars
300 American dollars
2 942 American dollars
11/06/01
Atak and others
19265/92
5 491 American dollars
8 000 American dollars
300 American dollars
13 791 American dollars
18/05/01
Baltekin
19266/92
1 663 American dollars
1 000 American dollars
300 American dollars
2 963 American dollars
10/07/01
Mehmet Bilgin and others
19267/92
8 112 American dollars
3 000 American dollars
300 American dollars
11 412 American dollars
18/05/01
Saniye Bilgin and others
19268/92
6 992 American dollars
5 000 American dollars
300 American dollars
12 292 American dollars
11/06/01
Bozkurt and others
19269/92
7 161 American dollars
13 000 American dollars
300 American dollars
20 461 American dollars
18/05/01
Ä°lhan Buzcu and others
19270/92
2 127 American dollars
3 000 American dollars
300 American dollars
5 427 American dollars
11/06/01
Nuriye Buzcu
19271/92
200 American dollars
1 000 American dollars
300 American dollars
1 500 American dollars
11/06/01
Çalkan and others
19272/92
3 453 American dollars
4 000 American dollars
300 American dollars
7 753 American dollars
18/05/01
Çapar
19273/92
1 898 American dollars
1 000 American dollars
300 American dollars
3 198 American dollars
10/07/01
Hamdi Çelebi
19274/92
2 998 American dollars
1 000 American dollars
300 American dollars
4 298 American dollars
18/05/01
Yusuf Çelebi
19275/92
1 217 American dollars
1 000 American dollars
300 American dollars
2 517 American dollars
11/06/01
Çıplak and others
19276/92
2 774 American dollars
3 000 American dollars
300 American dollars
6 074 American dollars
18/05/01
Dani ÅŸ
19277/92
4 470 American dollars
1 000 American dollars
300 American dollars
5 770 American dollars
11/06/01
Erol
19278/92
216 American dollars
1 000 American dollars
300 American dollars
1 516 American dollars
11/06/01
Gökgöz
19280/92
7 260 American dollars
1 000 American dollars
300 American dollars
8 560 American dollars
04/05/01
Gökmen and others
19281/92
4 293 American dollars
4 000 American dollars
300 American dollars
8 593 American dollars
11/06/01
Ay ÅŸe IÅŸik and others
19283/92
4 407 American dollars
4 000 American dollars
300 American dollars
8 707 American dollars
18/05/01
Yilmaz I ÅŸik and others
19284/92
1 223 American dollars
4 000 American dollars
300 American dollars
5 523 American dollars
11/06/01
Sefer Karabulut
19286/92
1 303 American dollars
1 000 American dollars
300 American dollars
2 603 American dollars
11/06/01
Özen
19287/92
1 400 American dollars
1 000 American dollars
300 American dollars
2 700 American dollars
18/05/01
Öztekin
19288/92
1 192 American dollars
1 000 American dollars
300 American dollars
2 492 American dollars
11/06/01
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