Resolution ResDH (2002)142 concerning the judgment of the European Court of Human Rights of 10 July 2001 in the case of ErtuÄŸrul against Turkey

(Adopted by the Committee of Ministers on 21 October 2002 at the 810th 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 judgment of the European Court of Human Rights in the ErtuÄŸrul case delivered on 10 July 2001 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;

Recalling that the case originated in an application (No. 35849/97) against Turkey, lodged with the European Commission of Human Rights on 27 February 1997 under former Article 25 of the Convention by Ms Şerife Ertuğrul , a Turkish national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, 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 domestic courts for expropriation of her property and due to 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 10 July 2001 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided unanimously to strike the case out of its list and took note of the parties’ undertaking not to request a re-hearing of the case before the Grand Chamber;

Whereas under the above-mentioned friendly settlement it was agreed that the Government of Turkey would pay the applicant, within three months as from the notification of the judgment, the sum of 50 687 dollars U.S., in respect of damages and in respect of costs and expenses;

Recalling that Rule 44, paragraph 2, of the Rules of 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;

Having satisfied itself that on 5 October 2001, within the time-limit agreed to under the terms of the friendly settlement, the Government of the respondent State had paid the applicant the sum provided for in the riendly settlement;

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 (see Resolutions DH(2001)70 and DH(2001)71 in the Aka and Akkuş against Turkey cases 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),

Declares, after having taken note of the information supplied by the Government of Turkey, that the Committee of Ministers has exercised its functions under Article 46, paragraph 2, of the Convention in this case.