Resolution CM/ResDH(2008)89[1]
Execution of the judgments of the European Court of Human Rights
Akıllı and 5 other cases against Turkey
(see details in Appendix)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);
Having regard to the judgments transmitted by the Court to the Committee once they had become final;
Recalling that the violation of the Convention found by the Court in these cases concerns the lack of compensation for the loss of title to property under Article 38 of the Law on expropriation (violations of Article 1 of Protocol No. 1) (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with Turkey’s obligation under Article 46, paragraph 1, of the Convention to abide by the judgments;
Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that, within the time-limit set, the respondent state paid the applicants the just satisfaction provided in the judgments (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent state, where appropriate, of
- individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- general measures preventing, similar violations;
DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and
DECIDES to close the examination of these cases.
Appendix to Resolution CM/ResDH(2008)89
Information about the measures taken to comply with the judgments
in the cases of Akıllı and 5 other cases against Turkey
Introductory case summary
These cases concern the violation of the applicants’ right to the peaceful enjoyment of their possessions in that they were unable to obtain compensation for the loss of title to their property, under Article 38 of the Law on Expropriation of 04/11/1983, in force at the material time. This article provided that claims for the restitution of property occupied for purposes of public use lapse 20 years after occupation.
The European Court noted in particular that once Article 38 had entered into force, the applicants could claim neither restitution nor compensation since the time-limit fixed by Article 38 had expired (violation of Article 1 of Protocol No.1).
I.Payments of just satisfaction and individual measures
a) Details of just satisfaction
Name and application number
Date of judgment
Final on
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Paid on
Akıllı/ 71868/01
11/04/2006
13/09/2006
636 EUR
1 000 EUR
06/12/2006
Yıldız/ 73016/01
10/10/2006
26/03/2007
250 000 EUR
4 000 EUR
26/06/2007
Akagün/ 71901/01
05/12/2006
05/03/2007
30 000 EUR
1 500 EUR
31/05/2007
Börekçioğulları (Çökmez) and others/ 58650/00
19/10/2006
26/03/2007
373 000 EUR
4 000 EUR
26/06/2007
Arı and others/ 65508/01
03/04/2007
03/07/2007
240 000 EUR
4 000 EUR
28/09/2007
İnci (Nasıroğlu)/ 69911/01
14/06/2007
12/11/2007
73 000 EUR
1 000 EUR
11/02/2008
b) Individual measures
In view of the just satisfaction awarded by the Court in respect of pecuniary damage suffered by the applicants, no further individual measure is needed.
II.General measures
These cases present similarities to that of I.R.S and others against Turkey closed by final Resolution CM/ResDH(2007)98, and in which the Turkish authorities already adopted the necessary general measures: in a decision of April 2003 the Turkish Constitutional Court declared Article 38 of the Law on Expropriation unconstitutional on the grounds that its application was not in conformity with the principle of the rule of law and that it violated the requirements of the Convention. As a result this provision is null and void.
III.Conclusions of the respondent state
The government considers that the measures taken will prevent new, similar violations and that Turkey has thus complied with its obligations under Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 8 October 2008 at the 1035th meeting of the Ministers’ Deputies
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