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GÜLNAHAR CALKAN CASE AND 19 OTHER CASES AGAINST TURKEY (SEE APPENDIX) RELATING TO THE ADMINISTRATION'S DELAY IN PAYMENT OF ADDITIONAL COMPENSATION FOR EXPROPRIATION AND THE APPLICABLE RATE OF DEFAULT INTEREST

Doc ref: 19661/92, 19662/92, 19663/92, 19664/92, 19665/92, 19672/92, 19666/92, 19668/92, 19669/92, 19670/92, ... • ECHR ID: 001-56323

Document date: April 24, 2003

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GÜLNAHAR CALKAN CASE AND 19 OTHER CASES AGAINST TURKEY (SEE APPENDIX) RELATING TO THE ADMINISTRATION'S DELAY IN PAYMENT OF ADDITIONAL COMPENSATION FOR EXPROPRIATION AND THE APPLICABLE RATE OF DEFAULT INTEREST

Doc ref: 19661/92, 19662/92, 19663/92, 19664/92, 19665/92, 19672/92, 19666/92, 19668/92, 19669/92, 19670/92, ... • ECHR ID: 001-56323

Document date: April 24, 2003

Cited paragraphs only

Resolution ResDH (2003)66

concerning the judgments of the European Court of Human Rights

on 5 June 2001 (final on 5 September 2001)

in the Gülnahar Çalkan case and 19 other cases against Turkey (see Appendix) relating to 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 24 April 2003

at the 834th 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 judgments of the European Court of Human Rights in the 20 cases of which the details appear in the Appendix to this resolution, which were delivered on 5 June 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 15 August 1991 under former Article 25 of the Convention by 20 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 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 losses 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 5 June 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 it was not necessary to examine the applicants’ complaints under Article 6, paragraph 1, of the Convention;

- held that the government of the respondent state was to pay the applicants, within three months from the date on which the judgment became final, the amounts of just satisfaction awarded in American dollars to be converted into Turkish liras at the rate applicable at the date of settlement (for details see the table appended to the present resolution) plus any sum due in respect of tax, and that simple interest at an annual rate of 6% would be payable on these sums from the expiry of the above-mentioned three months until settlement;

Having regard to the Rules adopted by the Committee of Ministers for 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 5 June 2001, having regard to Turkey’s obligation under Article 46, paragraph 1, of the Convention to abide by them;

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 the government of the respondent state had paid the applicants, within the time-limit set, the sums provided for in the judgments of 5 June 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)66

Details of the 20 cases and the just satisfaction awarded to the applicants

Case

Application No.

Pecuniary Damage

Non-pecuniary Damage

Costs and Expenses

Gülnahar Çalkan

19661/92

american dollars 8 031

american dollars 300

Rabia Çalkan

19662/92

american dollars 8 031

american dollars 300

Ekrem Çapar

19663/92

american dollars 9 288

american dollars 300

Hamdi Çelebi

19664/92

american dollars 14 167

american dollars 300

Seyfettin Çalkan

19665/92

american dollars 8 031

american dollars 300

Osman Dişçi

19672/92

american dollars 25 999

american dollars 1 000

american dollars 300

Nuri Çapar

19666/92

american dollars 19 658

american dollars 1 000

american dollars 300

Hayrettin Dalgıç

19668/92

american dollars 1 211

american dollars 1 000

american dollars 300

Necati Dalgıç

19669/92

american dollars 6 652

american dollars 1 000

american dollars 300

Dursun Dişçi

19670/92

american dollars 27 986

american dollars 1 000

american dollars 300

Hasan Dişçi

19671/92

american dollars 25 999

american dollars 1 000

american dollars 300

Davut Güneysu

19673/92

american dollars 3 410

american dollars 1 000

american dollars 300

Ali Kartal

19674/92

american dollars 2 892

american dollars 1 000

american dollars 300

Hasan Koç

19675/92

american dollars 7 728

american dollars 1 000

american dollars 300

Ali Oztürk

19678/92

american dollars 18 725

american dollars 300

Gülfiye Oztürk

19679/92

american dollars 12 655

american dollars 1 000

american dollars 300

Mustafa Oztürk

19683/92

american dollars 28 302

american dollars 300

Kamil Oztürk

19681/92

american dollars 2 144

american dollars 300

Muhsin Oztürk

19682/92

american dollars 15 566

american dollars 300

Ayşe Koçer

19676/92

american dollars 1 084

american dollars 1 000

american dollars 300

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