Resolution CM/ResDH(2009)105[1]
Execution of the judgment of the European Court of Human Rights
Sak against Turkey
(Application No. 4644/03, judgment of 20/05/2008, final on 20/08/2008)
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 judgment transmitted by the Court to the Committee once it had become final;
Recalling that the violation of the Convention found by the Court in this case concerns the fact that the applicant was unable to obtain compensation following the occupation of land, without expropriation, for public use (violation 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 its obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
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 applicant the just satisfaction provided in the judgment (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its 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
- of 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 this case and
DECIDES to close the examination of this case.
Appendix to Resolution CM/ResDH(2009)105
Information about the measures to comply with the judgment in the case of
Sak against Turkey
Introductory case summary
The case concerns the violation of the applicant’s right to the peaceful enjoyment of his possessions in that he was unable to obtain compensation for the loss of property under the terms of Article 38 of the Law of 4 November 1983 on expropriation. This article, which was in force at the material time, provided that any action for restitution of property occupied for public service use was time-barred after a period of 20 rears counting from the date of occupation.
In 2001, the Superior Court of Şanlıurfa annulled the applicant’s title to the property, relying on the fact that the applicant’s possession of the property had been discontinued by the Ministry of Defence in 1975, and ordered its transfer to ownership of the State Treasury.
The European Court noted in particular that, with the entry into force of Article 38, the applicant could neither take legal action to obtain the return of his property nor seek compensation for its loss, as the prescription period had expired (violation of Article 1 of Protocol No. 1).
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
64 000 EUR
-
-
64 000 EUR
Paid on 18/11/2008
b) Individual measures
In view of the just satisfaction awarded by the Court in respect of pecuniary damages, no further individual measure is needed.
II.General measures
In April 2003, the Turkish Constitutional Court declared Article 38 of the expropriation law unconstitutional on the ground that to apply it contravened the principle of the rule of law and breached the requirements of the Convention. This provision is thus null and void (see Resolution CM/ResDH(2007)98 in the I.R.S case).
III.Conclusions of the respondent state
The government considers that the measures adopted will prevent 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 30 September 2009 at the 1065th meeting of the Ministers’ Deputies
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