Resolution ResDH (2003)179

concerning the judgment of the European Court of Human Rights of 23 July 2002 (final on 23 October 2002) in the case of Denli against Turkey

(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 judgment of the European Court of Human Rights in the Denli case delivered on 23 July 2002 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. 68117/01) against Turkey, lodged with the European Court of Human Rights on 6 July 1998 under Article 34 of the Co n vention by Ms Nesibe Denli , a Turkish national, and that the Court declared admissible the complaint that there had been a breach of the applicant’s right to the peaceful enjoyment of her possessions due to the administration’s delay in paying additional compensation awarded by the domestic courts for the expropriation of the applicant’s 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 judgment of 23 July 2002 the Court unanimously:

- held that there had been a violation of Article 1, of Protocol No. 1 to the Convention;

- held that it was not necessary to examine the complaint under Article 14 of the Convention in conjunction with Article 1 of Protocol No. 1;

- 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, 1 100 euros in respect of non-pecuniary damage; 2 500 euros in respect of pecuniary damage and 600 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 23 July 2002, 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, similar violations (see Resolutions ResDH (2001)70 and ResDH (2001)71 in the cases Aka and Akkuş 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 judgment had been sent out to the authorities directly concerned;

Having satisfied itself that on 20 November 2002, 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 23 July 2002,

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.