Resolution CM/ResDH(2010)23[1]
Execution of the judgments of the European Court of Human Rights
in 5 cases concerning delays by the administration in paying additional compensation for expropriation and the applicable rate of default interest
against Turkey
(See Appendix for details of the cases)
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 the applicable rate 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, 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(2010)23
Information on the measures taken to comply with 5 judgments 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
Name and application number
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
Yakışır 51965/99
EUR 1000
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EUR 500
EUR 1500
Paid on 26/03/2009
Tınarlıoğlu 3820/03
EUR 10300
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EUR 10300
Paid on 30/09/2009
Gür and Yıldız 473/03
No just satisfaction awarded.
Işık Sait 19255/02
EUR 3000
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EUR 780
EUR 3780
Paid on 10/09/2009
Argunhan 27045/02
EUR 670
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EUR 670
Paid on 3/03/2009
b) Individual measures
The just satisfaction awarded in respect of pecuniary damages constitutes sufficient redress for the applicants.
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 Akkus 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 of the recorded rate of inflation in the country).
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 4 March 2010 at the 1078th meeting of the Ministers’ Deputies.
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