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YUSUF CELEBI (NO. 2) CASE AND 33 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: 19667/92, 19677/92, 19680/92, 19684/92, 19685/92, 19686/92, 19687/92, 19688/92, 19689/92, 19690/92, ... • ECHR ID: 001-56330

Document date: June 24, 2002

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YUSUF CELEBI (NO. 2) CASE AND 33 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: 19667/92, 19677/92, 19680/92, 19684/92, 19685/92, 19686/92, 19687/92, 19688/92, 19689/92, 19690/92, ... • ECHR ID: 001-56330

Document date: June 24, 2002

Cited paragraphs only

Resolution ResDH (2002)73

concerning the judgments of the European Court of Human Rights

on 18 September 2001 (final on 18 December 2001)

in Yusuf Çelebi (No. 2) case and 33 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 June 2002

at the 798th 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 34 cases details of which appear in the Appendix to this resolution, which were delivered on 18 September 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 or 4 May 1992 under former Article 25 of the Convention by 34 Turkish nationals, and that the Court, seized 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 substantial difference between the default interest rate applicable at the time and the average rate of inflation in Turkey;

Whereas in its judgments of 18 September 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 at 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 (see for details the table appended to the present resolution), 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 18 September 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 on 27 March 2002, after expiry of the time-limit set, the government of the respondent state had paid the applicants the sums provided for in the judgments of 18 September 2001 and the default interest due,

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 (2002)73

Details of the 34 cases and the just satisfaction awarded to the applicants

Case

Application No.

Pecuniary Damage

Non-pecuniary Damage

Costs and Expenses

Yusuf Çelebi (No. 2)

19667/92

USD 7.645

USD 300

Osmen Özen (No. 2)

19677/92

USD 2.148

USD 300

Hasan Öztürk (No. 2)

19680/92

USD 9.895

USD 300

Ömer Öztürk

19684/92

USD 5.963

USD 1.000

USD 300

Yunus Öztürk (No. 2)

19685/92

USD 10.990

USD 300

Burhan Sülün (No. 2)

19686/92

USD 11.533

USD 300

Hüseyin Şahin

19687/92

USD 4.264

USD 300

Mehmet Åžahin

19688/92

USD 4.264

USD 300

Mustafa Åžahin

19689/92

USD 4.264

USD 300

Celal Åžen

19690/92

USD 23.979

USD 300

Keziban Åžen

19691/92

USD 8.038

USD 300

Ä°brahim TaÅŸdemir (No. 2)

19692/92

USD 16.949

USD 300

Mevlüt Taşdemir

19693/92

USD 20.000

USD 1.000

USD 300

Zekeriya TaÅŸdemir (No. 2)

19694/92

USD 13.583

USD 300

Necati Tosun

19695/92

USD 13.003

USD 1.000

USD 300

Fatma Yavuz

19696/92

USD 1.326

USD 1.000

USD 300

Hüseyin Yavuz

19697/92

USD 6.851

USD 1.000

USD 300

Şakir Yılmaz

19698/92

USD 12.652

USD 1.000

USD 300

Asim Öztekin (No. 2)

20129/92

USD 17.389

USD 300

BaltekinoÄŸlu

20130/92

USD 24.900

USD 1.000

USD 300

BaÅŸar

20131/92

USD 10.107

USD 1.000

USD 300

Satu Bozkurt

20135/92

USD 7.320

USD 1.000

USD 300

İsmihan Çelebi

20137/92

USD 12.964

USD 1.000

USD 300

Mehmet Çelebi

20138/92

USD 9.133

USD 1.000

USD 300

Hüseyin Daniş (No. 2)

20141/92

USD 15.054

USD 300

Küçükdemirkan

20145/92

USD 14.421

USD 1.000

USD 300

Minikli

20146/92

USD 6.654

USD 1.000

USD 300

Adil Öztekin

20147/92

USD 10.107

USD 1.000

USD 300

Ekrem Öztekin

20148/92

USD 10.107

USD 1.000

USD 300

Havva Öztekin

20149/92

USD 15.986

USD 1.000

USD 300

Hicap Öztekin

20150/92

USD 10.107

USD 1.000

USD 300

Mahir TaÅŸdemir

20157/92

USD 2.734

USD 300

Mustafa Tosun

20159/92

USD 44.370

USD 1.000

USD 300

Şevket Yılmaz

20160/92

USD 7.475

USD 1.000

USD 300

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