Resolution ResDH(2005)116
concerning the judgments of the European Court of Human Rights
delivered between 14 November 2000 and 15 February 2005 (final between 14 February 2001 and 15 May 2005) in the 27 cases against Turkey (see appendix) concerning 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 14 December 2005
at the 948th 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 (hereinafter referred to as “the Convention”),
Having regard to the judgments of the European Court of Human Rights in the 27 cases details of which appear in the appendix to this resolution, delivered between 14 November 2000 and 15 February 2005 and transmitted to the Committee of Ministers once they had become final under Articles 44 and 46 of the Convention;
Recalling that the judgments of the Court became final between 14 February 2001 and 15 May 2005 and transmitted to the Committee of Ministers once they had become final under Articles 44 and 46 of the Convention;
Recalling that the cases originated in applications against Turkey, lodged with the European Commission and/or the European Court of Human Rights between 26 August 1991 and 21 February 2000 under former Article 25 and/or Article 34 of the Convention by several Turkish nationals, and that the Court declared admissible the complaints concerning the violation of the applicants’ right to respect for their property on account of the administration’s delay in paying additional compensation for expropriation and the difference between the applicable rate of default interest and the average rate of inflation;
Whereas in its judgments delivered between 14 November 2000 and 15 February 2005 concerning these cases the Court unanimously:
- held that there had been violations of Article 1 of Protocol No. 1 to the Convention;
- held that the government of the respondent state was to pay the applicants, within three months from the date at which the judgments became final, the amounts of just satisfaction (set out in the appendix to this resolution) to be converted into Turkish liras at the rate applicable on the date of settlement and that simple interest would be payable on the amounts (annual rates are set out in the appendix to this resolution) from the expiry of the above-mentioned three months until settlement
- dismissed the remainder of the applicants’ claims for just satisfaction;
Having regard to the Rules adopted by the Committee of Ministers concerning 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 delivered between 14 November 2000 and 15 February 2005, having regard to Turkey’s obligation under Article 46, paragraph 1, of the Convention to abide by it;
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 violations of the same kind (see Resolutions ResDH(2001)70 and ResDH(2001)71 in the cases Aka and Akkuş against Turkey, respectively), in particular 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 the dates indicated in the appendix, the government of the respondent state had paid the applicants the sums provided in these judgments,
Declares, after having examined 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(2005)116
Details of the just satisfaction awarded to the applicants
Simple interest at an annual rate of 6%
Case
Applicat-ion
Date of judgment
Date of definitive judgment
Non pecuniary damage
Pecuniary damage
Costs
Date of payment
Zekeriya YILMAZ
19308/92
10/04/01
10/07/01
1 000 USD
913 USD
300 USD
13/07/01 + interests
Hamit YILMAZ
19310/92
10/04/01
10/07/01
1 000 USD
575 USD
300 USD
15/08/01 + interests
YASAR
27697/95
14/11/00
14/02/01
17 000 USD
5 795 USD
2 100 USD
03/04/01 + interests
OZEL and Others
31963/96
27/02/01
27/05/01
3 000 USD
272 934 USD
-
30/05/01 + interests
Simple interest equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points
Case
Application
Date of the judgment
Date of definitive judgment
Pecuniary damage
Costs
Date of payment
KAYA and Others
36564/97
27/05/04
27/08/04
45 000 €
100,00 €
26/11/04
YASAR and Others
36973/97
22/07/04
22/10/04
34 785 €
400,00 €
07/02/05
I.I.
38420/97
27/05/04
27/08/04
2 400 €
-
26/11/04
KAYIHAN and others
42124/98
08/04/04
08/07/04
27 700 €
-
04/06/04
KOCAK and Others
42432/98
19/05/04
10/11/04
1000 000 €
1 000,00 €
10/02/05
UGUR and Others
49690/99
07/10/04
02/02/05
141 972 €
500,00 €
26/04/05
KARTAL MAKINA SANAYI VE TICARET KOLL. STI.
49698/99
07/10/04
02/02/05
12 590 €
300,00 €
26/04/05
KAPUCU
49718/99
07/10/04
02/02/05
13 244 €
300,00 €
25/04/05
VEREP
49751/99
07/10/04
02/02/05
35 750 €
300,00 €
25/04/05
ONK and Others
49762/99
07/10/04
02/02/05
59 868 €
500,00 €
25/04/05
KOÇYIGIT and UZUNER
49923/99
07/10/04
02/02/05
224 983 €
500,00 €
27/04/05
KARTAL MAKINA SANAYI VE TICARET KOLL. STI.
50011/99
07/10/04
02/02/05
169 000 €
300 €
27/04/05
SEÇENLER KAUÇUK VE PLASTIK SAN. VE TIC. A.S.
50042/99
07/10/04
02/02/05
26 000 €
300 €
26/05/05
ÇEBI
50728/99
07/10/04
02/02/05
1 932 €
300 €
26/04/05
YURTKURAN and Others
50730/99
07/10/04
02/02/05
269 579 €
500 €
27/04/05
ÇIFTÇI
50732/99
07/10/04
02/02/05
7 888 €
300 €
02/05/05
GÜRKAN and AKTAN
50741/99
07/10/04
02/02/05
66 717 €
500 €
04/05/05*
ÇILOGLU AND OTHERS
50967/99
28/10/04
28/01/05
99 000 €
500 €
22/04/05
VELIOGLU and Others
51481/99
07/10/04
02/02/05
468 000 €
500 €
27/04/05
TURAN
51485/99
07/10/04
02/02/05
13 000 €
300 €
25/04/05
TELLI and Others
51488/99
07/10/04
02/02/05
248 300 €
500 €
27/04/05
ÇENESIZ AND OTHERS
54531/00
28/10/04
28/01/05
420 €
500 €
22/04/05
MANCAR
57372/00
15/02/05
15/05/05
429 390 €
500 €
10/08/05
*Payment made two days after the payment deadline, which is considered as minimum delay.
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