INTERIM resolution DH (2000) 24

HUMAN RIGHTS

APPLICATION No. 24718/94

BUBILIK AGAINST TURKEY

(Adopted by the Committee of Ministers on 14 February 2000 at the 695th meeting of the Ministers’ Deputies)

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

Having regard to the report drawn up on 31 May 1999 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the applic a tion lodged on 19 July 1994 by a Turkish national, Ms Zöhre Bubilik, against Turkey;

Whereas on 29 June 1999 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, par a graph 1, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Art i cle 48 of the Convention;

Whereas in her application, declared admissible by the Commission on 7 April 1997, the applicant complained that her right to the peaceful enjoyment of her possessions had not been respected due to the insufficiency of the statutory interest applied to additional compensation awarded following the expropriation of her land and her two houses;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 1 of Protocole No. 1;

Whereas at the 695th meeting of the Ministers’ Deputies, the Committee of Ministers, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, and agreed with the opinion expressed by the Commission, held, by a decision adopted on 14 February 2000, that there had been in this case a violation of Article 1 of Protocole No. 1,

Authorises the publication of the report adopted by the Commission in this case;

Decides to pursue the examination of the present case, in accordance with Art i cle 32 of the Co n vention with a view to adopting the final resolution.