Resolution ResDH (2001)85 concerning the judgment of the European Court of Human Rights of 14 November 2000 in the case of V.N.K. and 44 others against Turkey

(Adopted by the Committee of Ministers on 23 July 2001 at the 760 th 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 V.N.K. and 44 others case delivered on 14 November 2000 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;

Recalling that the case originated in several applications (Nos. 29888/96, 29889/96, 29890/96, 29891/96, 29892/96, 29893/96, 29894/96, 29895/96 and 29896/96) against Turkey, lodged with the European Commission of Human Rights on 27 November 1996 under former Article 25 of the Convention by V.N.K. and 44 other applicants, all Turkish nationals, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint relating to 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 domestic courts for expropriation of the applicants’ property and 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 14 November 2000 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 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 applicants the sum of 66 840 American dollars in respect of damage and costs and expenses within three months as from the notification of the judgement ;

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;

Having satisfied itself that on 14 February 2001, within the time-limit agreed under the terms of the friendly settlement, the Government of the respondent state had paid the applicants the sum provided for in the friendly settlement;

Considering that during the examination of the case by the Committee of Ministers, the respondent Government recalled that measures had already been taken to avoid new violations of the Convention in situations similar to those at issue in the present case (see Resolutions ResDH (2001)70 and ResDH (2001)71 respectively in the Aka and Akkuş cases), 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, in relation particularly to the country’s inflation rate);

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 this case.