Resolution CM/ResDH(2011)167[1]
Execution of the judgments of the European Court of Human Rights
11 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 violations of the Convention found by the Court in these cases concerns late payment of compensation for expropriation and of default interest (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 its 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 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 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 these cases and
DECIDES to close the examination of these cases.
Appendix to Resolution CM/ResDH(2011)167
Information about the measures to comply with the judgments in
11 cases against Turkey
Introductory case summary
These cases concern the violation of the applicants’ right to the peaceful enjoyment of their possessions due to the administration’s delay in paying additional compensation granted by domestic courts for expropriation of their property, and on account of the considerable difference between the rate of default interest applicable at the material time and the average inflation rate in Turkey (violations of Article 1 of Protocol No. 1).
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Case and application number
Judgment of
Final on
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
Senaş Servis Endüstrisi A.Ş., (19520/02)
21/10/2008
06/04/2009
117 175 EUR
-
1000 EUR
118 175 EUR
Paid on 24/06/2009
Gülşen and others
(54902/00)
3/05/2007
03/08/2007
533 330 EUR
-
-
533 330 EUR
Paid on 31/10/2007
Bildirici (43227/04)
8/06/2010
08/09/2010
14 200 EUR
-
-
14 200 EUR
Paid on 01/12/2010
Üçpınar (41479/05)
21/07/2009
21/10/2009
21 700 EUR
-
-
21 700 EUR
Paid on 22/02/2010
Terece and others (41054/98)
24/10/2006
24/01/2007
173 000 EUR
-
1 500 EUR
174 500 EUR
Paid on 17/12/2007
Çırak and others (33433/02)
22/07/2008
26/01/2009
10 557 EUR
-
-
10557 EUR
Paid on 22/04/2009
Kurt and Fırat (26828/03)
21/04/2009
21/07/2009
1 100 EUR
6 000 EUR
-
7 100 EUR
Paid on 04/11/2009
Mehmet Siret Atalay (3816/03)
31/03/2009
14/09/2009
3 500 EUR
-
-
3 500 EUR
Paid on 14/12/2009
Kemal Özer and others (783/03)
20/10/2009
20/01/2010
13 000 EUR
-
-
13 000 EUR
Paid on 29/04/2010
Doğangün (30302/03)
02/06/2009
02/09/2009
-
EUR 5000
-
EUR 5000
Paid on 02/12/2009
Erdoğan ve Fırat (15121/03)
02/06/2009
20/07/2010
02/09/2009
20/10/2010
13 350 EUR
-
-
13 350 EUR
Paid on 02/12/2009
b) Individual measures
Given the just satisfaction awarded in respect of the damages sustained by the applicants, no other individual measure was considered necessary by the Committee of Ministers.
II.General measures
Measures have already been taken to prevent similar violations (See Resolutions ResDH(2001)70 and ResDH(2001)71 closing the Aka and Akkuş cases) including in particular the entry into force on 1 January 2000 of Law No. 4489 which aligned the legal rate of default interest with the annual discount rate applied by the Turkish Central Bank to short-term debt (this rate is kept under constant review in the light in particular of the recorded rate of inflation in the country).
III.Conclusions of the respondent state
The government considers that no individual measure is required, apart from the payment of the just satisfaction, that the general 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 14 September 2011 at the 1120th Meeting of the Ministers’ Deputies
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