Resolution ResDH (2003)188

concerning the j udgments of the European Court of Human Rights of 27 June 2002 (Friendly settlements) in 5 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 five cases details of which appear in the Appendix to this resolution, which were delivered on 27 June 2002 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;

Recalling that these cases originated in applications against Turkey (see Appendix), lodged with the European Commission of Human Rights between 12 December 1996 and 4 November 1997 under former Article 25 of the Co n vention by 32 Turkish nationals, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaints 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 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 27 June 2002 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 settlements were based on respect for human rights as defined in the Convention or its Protocols, decided unanimously to strike the cases out of its list and took note of the parties’ undertaking not to request a re-hearing of the cases before the Grand Chamber;

Whereas under the above-mentioned friendly settlements it was agreed that the Government of Turkey would pay the applicants certain sums (see Appendix) within three to six months as from the notification of the judgment;

Recalling that Rule 44, paragraph 2, of the Rules of the Court provides that the striking-out of a case 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 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;

Whereas, in this connection, the government of the respondent state has already taken measures to avoid new, similar violations (see Resolutions ResDH (2001)70 and ResDH (2001)7 1 in the cases Aka and Akku ş 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);

Having satisfied itself that, on the dates indicated in the Appendix, after the expiry of the time-limit agreed to under the terms of the friendly settlements, the government of the respondent state had paid the applicants the sums provided for in the friendly settlements, including the default interest due, and that no other measure was required in the present cases to conform to the Court’s judgments ,

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 (2003)188

Details of the just satisfaction awarded to the applicants:

Case

Application No.

Total sum

Time limit for payment

Date of payment

Karabıyık and others

Mr Osman Nuri Karabıyık

Mr Eser Gülmüş

Mrs Fatma Apaydın

Mrs Nebahat Kör

Mrs Selma Ikbal Kör

35050/97

153 750 American dollars

27/09/2002

19/11/2002

153 750 American dollars

27/12/2002

17/12/2002

Özkan and others

Mr Nejat Özkan

Mr Cavit Aktolun

Mr Turgut Çelebioğlu

Mr Hıdır Haluk Gökmen

Mr Mehmet Tuncay

Mrs Hatice MenekÅŸelioÄŸlu

Mr Süleyman Denli

Mr Ahmet Denli

Mrs Nesibe Denli

Mr Vahit Yorulmaz

Mr Raif Yorulmaz

Mr Fuat Dereli

Mr Ali Dereli

Mr Ahmet Dereli

35079/97

212 500 American dollars

27/09/2002

08/11/2002

212 500 American dollars

27/12/2002

20/12/2002

Bayram and others

Mrs Emine Bayram

Mr Mustafa Bayram

Mr Şükrü Bayram

35867/97

70 000 American dollars

27/09/2002

11/10/2002

Birsel and others

Mr Mehmet Melih Birsel

Mr Mehmet Refik Birsel

Mr Üstün Sanver

Mr Selahattin Sanver

Mrs Ayla Birsel

Mrs Fatma Leyla Birsel

Mrs Gül Ayşe Işçimenler

Mrs Inci Zeynep Oral

Mrs Fatma Nilgün Özsaruhan

37414/97

550 000 American dollars

27/09/2002

28/09/2002

550 000 American dollars

27/12/2002

08/11/2002

Bayram

38915/97

37 500 American dollars

27/09/2002

08/10/2002