THIRD SECTION
FINAL DECISION
Application no. 42144/98
by Fatma ATEŞ and Others
against Turkey
The European Court of Human Rights (Third Section), sitting on 23 October 2003 as a Chamber composed of:
MrG. Ress, President,
MrI. Cabral Barreto,
MrL. Caflisch,
MrR. Türmen,
MrB. Zupančič,
MrsH.S. Greve,
MrK. Traja, judges,
and Mr V. Berger, Section Registrar,
Having regard to the above application lodged with the European Commission of Human Rights on 21 May 1998,
Having regard to Article 5 § 2 of Protocol No. 11 to the Convention, by which the competence to examine the application was transferred to the Court,
Having regard to the partial decision of 23 November 1999,
Having regard to the formal declarations accepting a friendly settlement of the case submitted by the applicants and the Government on 9 September 2002 and 15 July 2003 respectively,
Having deliberated, decides as follows:
THE FACTS
The applicants, Fatma Ateş, Emine Örsel, Zeliha Görmüşer, Cennet Avvurur, Hülya Alpakut, Ali Alpakut, Nuran Yıldız, Leyla Toros, Zahide Emirler, Aliye Aslan, Birsen Alpakut, Meral Alpakut (Erten), Mahmut Alpakut and Aslı Alpakut (Gündüz), are Turkish nationals. By a letter dated 27 August 2001 the applicants’ representatives informed the Court that the applicant Zahide Emirler had died on 28 July 1998 and that her heirs Aliye Aslan, Celal Emirler and Yahya Emirler, wished to pursue her application. By the same letter, the applicants’ representatives informed the Court that the applicant Birsen Alpakut had died on 29 August 1999 and that her heirs Meral Alpakut (Erten), Mahmut Alpakut and Aslı Alpakut (Gündüz) wished to pursue her application. The applicants are represented before the Court by Mr A. Akıllıoğlu and Mr A. Aktay, lawyers practising in Ankara.
The facts of the case, as submitted by the parties, may be summarised as follows.
The General Directorate of National Roads and Highways expropriated plots of land belonging to the applicants in Tarsus in order to build the Tarsus-İçel-Çukurova-İskenderun Motorway. A committee of experts assessed the value of the plots of land belonging to the applicants and these amounts were paid to them when the expropriation took place.
Following the applicants’ requests for increased compensation, the national courts awarded them additional compensation plus an interest at the statutory rate of 30 % per annum. The applicants appealed and the Court of Cassation upheld the decision of the first instance court. In the beginning of 1998 the due amounts were paid to the applicants respectively.
Details are indicated in the table below:
NAMES OF THE APPLICANTS
DATE OF TRANSFER OF TITLE DEED TO THE LAND
DATE OF FINAL DECISION BY COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in turkish liras)
DATE OF PAYMENT
1. Fatma ATEŞ
Emine ÖRSEL
Zeliha GÖRMÜŞER
19.07.1995
16.05.1996
8.019.660.000
15.01.1998
2. Cennet AVVURUR
Hülya ALPAKUT
Ali ALPAKUT
Nuran YILDIZ
Leyla TOROS
19.07.1995
23.05.1996
9.410.137.500
05.01.1998
3. Aliye ASLAN
Celal EMİRLER
Yahya EMİRLER
Aliye ASLAN
05.07.1995
23.05.1996
5.554.790.000
09.01.1998
4. Meral ALPAKUT (Erten)
Mahmut ALPAKUT
Aslı ALPAKUT (Gündüz)
Meral ALPAKUT (Erten)
Mahmut ALPAKUT
Aslı ALPAKUT (Gündüz)
19.07.1995
23.05.1996
10.664.822.500
08.01.1998
COMPLAINTS
The applicants allege that the rate of interest applied in the calculation of the additional compensation for expropriation was too low. They also complain of the delays in obtaining their compensation. In this regard they invoke Article 1 of Protocol No 1 and Article 6 of the Convention.
THE LAW
Following informal contacts between the applicants’ and the Government’s representatives, the Section Registrar was asked to assist the parties in reaching a solution to the matter. As a result, the Registrar addressed draft declarations to the parties.
The Court received the following declaration from the Government:
“I declare that the Government of Turkey offer to pay 234,000 (two hundred and thirty-four thousand) euros to Ms Fatma Ateş, Ms Emine Örsel, Ms Zeliha Görmüşer, Ms Cennet Avvurur, Ms Hülya Alpakut, Mr Ali Alpakut, Ms Nuran Yıldız, Ms Leyla Toros, the heirs of Ms Zahide Emirler (Aliye Aslan, Celal Emirler, Yahya Emirler), Ms Aliye Aslan, the heirs of Ms Birsen Alpakut (Meral Alpakut (Erten), Mahmut Alpakut, Aslı Alapkut (Gündüz)), Ms Meral Alpakut (Erten), Mr Mahmut Alpakut and Ms Aslı Alpakut (Gündüz)[1] with a view to securing a friendly settlement of the application registered under no. 42144/98. This sum shall cover any pecuniary and non-pecuniary damage as well as costs and will be divided up as follows:
Ms Fatma Ateş, Ms Emine Örsel, Ms Zeliha Görmüşer55,000 EUR
Ms Cennet Avvurur, Ms Hülya Alpakut, Mr Ali Alpakut,
Ms Nuran Yıldız, Ms Leyla Toros65,000 EUR
The heirs of Ms Zahide Emirler (Aliye Aslan, Celal Emirler,
Yahya Emirler), Aliye Aslan39,000 EUR
The heirs of Ms Birsen Alpakut (Meral Alpakut (Erten),
Mahmut Alpakut, Aslı Alpakut (Gündüz)), Ms Meral Alpakut (Erten),
Mr Mahmut Alpakut, Ms Aslı Alpakut (Gündüz)75,000 EUR
Furthermore, 117,000 (one hundred and seventeen thousand) euros of this sum, which corresponds to half of the whole sum agreed upon, will be payable within three months from the date of the decision by the Court ... This sum shall be paid in euros to a bank account named by the applicants, free of any taxes and charges that may be applicable.
The Government further agree to pay the remaining 117,000 (one hundred and seventeen thousand) euros within six months following the decision by the Court ... This sum shall also be paid in euros to a bank account named by the applicants, free of any taxes and charges that may be applicable. This payment will constitute the final resolution of the case.”
The Court received the following declaration from one of the representatives of the applicants:
“I note that the Government of Turkey are prepared to pay the sum of 234,000 (two hundred and thirty-four thousand) euros covering pecuniary and non-pecuniary damage and costs to Ms Fatma Ateş, Ms Emine Örsel, Ms Zeliha Görmüşer, Ms Cennet Avvurur, Ms Hülya Alpakut, Mr Ali Alpakut, Ms Nuran Yıldız, Ms Leyla Toros, the heirs of Ms Zahide Emirler (Aliye Aslan, Celal Emirler, Yahya Emirler), Ms Aliye Aslan, the heirs of Ms Birsen Alpakut (Meral Alpakut (Erten), Mahmut Alpakut, Aslı Alapkut (Gündüz)), Ms Meral Alpakut (Erten), Mr Mahmut Alpakut and Ms Aslı Alpakut (Gündüz) with a view to securing a friendly settlement of application no. 42144/98 pending before the Court. This sum will be divided up as follows:
Ms Fatma Ateş, Ms Emine Örsel, Ms Zeliha Görmüşer55,000 EUR
Ms Cennet Avvurur, Ms Hülya Alpakut, Mr Ali Alpakut,
Ms Nuran Yıldız, Ms Leyla Toros65,000 EUR
The heirs of Ms Zahide Emirler (Aliye Aslan, Celal Emirler,
Yahya Emirler), Aliye Aslan39,000 EUR
The heirs of Ms Birsen Alpakut (Meral Alpakut (Erten),
Mahmut Alpakut, Aslı Alpakut (Gündüz)), Ms Meral Alpakut (Erten),
Mr Mahmut Alpakut, Ms Aslı Alpakut (Gündüz)75,000 EUR
I also note that 117,000 (one hundred and seventeen thousand) euros of this sum, which corresponds to half of the whole sum agreed upon, will be payable within three months from the date of the decision by the Court ... and the remaining 117,000 (one hundred and seventeen thousand) euros will be payable within six months from the date of this decision.
I accept the proposal and waive any further claims against Turkey in respect of the facts of this application. I declare that this constitutes a final settlement of the case.
This declaration is made in the context of a friendly settlement which the Government and the applicants have reached.”
After informing the Government, the Court took into consideration the applicant’s representative’s request of 9 September 2002 to make corrections to some of the applicants’ names as well as adding the names of the heirs of the deceased applicants to the above declarations.
The Court takes note of the agreement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention or its Protocols and considers that there is no reason which would justify the continuation of the examination of the application (Article 37 § 1 in fine of the Convention and Rule 62 § 3 of the Rules of the Court).
For these reasons, the Court unanimously
Decides to disjoin the applications;
Decides to strike the application out of its list of cases.
Vincent BergerGeorg Ress
RegistrarPresident
[1] Taking into consideration the letter sent by the applicant’s representative on 9 September 2002, the name of one of the applicants, namely Zeliha Görmüşer has been corrected. Furthermore the name of the heirs of the deceased applicants Zahide Emirler and Birsen Alpakut have been added.
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