Resolution ResDH(2006)44
concerning the judgment of the European Court of Human Rights
of 27 February 2001 (Friendly settlement)
in the case of Alpay against Turkey
(Adopted by the Committee of Ministers on 21 June 2006,
at the 966th 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 final judgment of the European Court of Human Rights in the Alpay case delivered on 27 February 2001 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;
Recalling that the case originated in an application (No. 30947/96) against Turkey, lodged with the European Commission of Human Rights on 13 December 1995 under former Article 25 of the Convention by Mr Ali Alpay, a Turkish national, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint relating to the violation of the applicants’ right to respect for his 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 judgment of 27 February 2001 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided unanimously to strike the case out of its list and took note of the parties’ undertaking not to request a re-hearing of the case before the Grand Chamber;
Whereas under the above-mentioned friendly settlement it was agreed that the Government of Turkey would pay the applicant, the sum of 75 000 American dollars for any damage sustained and for costs and expenses immediately upon notification of the judgment;
Recalling that Rule 43, paragraph 3, of the Rules of the Court (former Article 44, paragraph 2) provides that the striking out of a case which has been declared admissible shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance, friendly settlement or solution of the matter;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that on 25 May 2001, the Government of the respondent state had paid the applicant the sum provided for in the friendly and that no other measure was required in the present case to conform to the Court’s judgment;
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 this case.
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