DRAFT RESOLUTION DH (98) 305

HUMAN RIGHTS

APPLICATION No. 23762/94

S.N.C. MOLIN INÅžAAT AGAINST TURKEY

(Adopted by the Committee of Ministers on 25 September 1998

at the 640th meeting of the Ministers' Deputies)

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

Having regard to the report drawn up on 26 June 1996 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 14 January 1994 by a collective name company with the registered office in Istanbul, S.N.C. Molin InÅŸaat, against Turkey ;

Whereas on 23 July 1996 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, paragraph 1, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Article 48 of the Convention ;

Whereas in its application, declared admissible by the Commission on 7 September 1995, the applicant company complained of the excessive length of certain civil proceedings ;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 6, paragraph 1, of the Convention ;

Whereas, at the 582nd 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 28 January 1997, that there had been in this case a violation of Article 6, paragraph 1, of the Convention ;

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 company, proposals supplemented by a letter of the President of the Commission dated 7 November 1997;

Whereas, at the 618th meeting of the Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held, by a decision adopted on 18 February 1998, in accordance with Article 32, paragraph 2, of the Convention, that the government of the respondent State was to pay the applicant company as just satisfaction, within three months, the sum of 60 000 French francs in respect of non-pecuniary damage and the sum of 10 000 French francs in respect of costs and expenses, i.e. the total sum of 70 000 French francs, 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 company;

Whereas the Committee of Ministers invited the government of the respondent State to inform it of the measures taken following its decisions of 28 January 1997 and 18 February 1998, having regard to Turkey's obligation under 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 accordingly 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 5 May 1998, within the time-limit set, the government of the respondent State paid the applicant company the total sum of 2 819 869 000 Turkish liras, as just satisfaction;

Whereas the Committee of Ministers noted, on the one hand the absence of any objection from the applicant company as regards the fact that the payment was in Turkish liras, and on the other hand, checked that the amount paid was equivalent to the amount awarded in French francs,

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

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