Final Resolution ResDH (2001)86 Human Rights Application No. 24718/94 Bubilik against Turkey

(Adopted by the Committee of Ministers on 23 July 20 01 at the 760 th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of former Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to Interim Resolution DH (2000) 24, adopted on 14 February 2000 in the case of Bubilik against Turkey, in which the Committee of Ministers decided that there had been a breach of the applicant’s right to the peaceful enjoyment of her possessions (violation of Article 1 of Protocol No. 1), due to the administration’s delay in paying additional compensation awarded by domestic courts for expropriation of the applicant’s property and to the substantial difference between the default interest rate applicable at the time and the average rate of inflation in Turkey; and also decided to make public the report of the European Commission of Human Rights;

Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicant, proposals supplemented by a letter of the President of the Commission dated 30 October 1999;

Whereas at the 716 th meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held by a decision adopted on 24 July 2000, in accordance with former Article 32, paragraph 2, of the Convention, that the Government of the respondent state was to pay the applicant as just satisfaction, within three months, 1 000 American dollars in respect of non-pecuniary damage, 42 880 American dollars in respect of pecuniary damage and 2 000 American dollars in respect of costs and expenses, namely a total sum of 45 880 American dollars, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant;

Whereas the Committee of Ministers invited the Government of the respondent state to inform it of the measures taken following its decisions of 14 February 2000 and 24 July 2000, having regard to Turkey’s obligation under former Article 32, paragraph 4, of the Convention to abide by them;

Whereas during the examination of the case by the Committee of Ministers, the Government of the respondent state that measures had already been taken to avoid new similar violations (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), and indicated that the Commission’s report as well as the Committee of Ministers’ decisions had been sent out to the authorities directly concerned;

Whereas the Committee of Ministers satisfied itself that on 24 October 2000, within the time-limit set, the Government of the respondent state had paid the applicant the total sum of 45 880 American dollars as just satisfaction,

Declares, after having taken note of the measures taken by the Government of Turkey, that it has exercised its functions under former Article 32 of the Convention in this case.