THIRD SECTION
FINAL DECISION
Application no. 42770/98
by EMAŞ ENDÜSTRİ MİNERALLERİ A.Ş.
against Turkey
The European Court of Human Rights (Third Section), sitting on 22 January 2004 as a Chamber composed of:
MrG. Ress, President,
MrI. Cabral Barreto,
MrL. Caflisch,
MrP. Kūris,
MrR. Türmen,
MrB. Zupančič,
MrsM. Tsatsa-Nikolovska, judges,
and Mr V. Berger, Section Registrar,
Having regard to the above application lodged with the European Commission of Human Rights on 25 June 1998,
Having regard to Article 5 § 2 of Protocol No. 11 to the Convention, by which the competence to examine the application was transferred to the Court,
Having regard to the partial decision of 23 November 1999,
Having regard to the formal declarations accepting a friendly settlement of the case submitted by the applicant and the Government on 9 September 2002 and 11 November 2003 respectively,
Having deliberated, decides as follows:
THE FACTS
The applicant, Emaş Endüstri Mineralleri A.Ş., is a Turkish company based in İstanbul, Turkey. It is represented before the Court by Mr A. Akıllıoğlu, Mr M. Nerse and Mr A. Aktay, lawyers practising in Ankara.
The facts of the case, as submitted by the parties, may be summarised as follows.
The General Directorate of National Roads and Highways expropriated plots of land belonging to the applicant in Tarsus in order to build the Tarsus-İçel-Çukurova-İskenderun Motorway. A committee of experts assessed the value of the plots of land belonging to the applicant and these amounts were paid when the expropriation took place.
Following the applicant’s request for increased compensation, the national courts awarded the applicant company additional compensation plus an interest at the statutory rate of 30 % per annum. The applicant appealed and the Court of Cassation upheld the decision of the first instance court. On 31 December 1997 the due amounts were paid to the applicant.
Details are indicated in the table below:
DATE OF TRANSFER OF TITLE DEED TO THE LAND
DATE OF FINAL DECISION BY COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in turkish liras)
DATE OF PAYMENT
27.07.1994
05.02.1996
46,447,380,000
31.12.1997
COMPLAINTS
The applicant alleges that the rate of interest applied in the calculation of the additional compensation for expropriation was too low. The applicant further complains of the delays in obtaining their compensation and relies on Article 1 of Protocol No. 1 and Article 6 of the Convention.
THE LAW
Following informal contacts between the applicant’s and the Government’s representatives, the Section Registrar was asked to assist the parties in reaching a solution to the matter. As a result, the Registrar addressed draft declarations to the parties.
The Court received the following declaration from the Government:
“I declare that the Government of Turkey offer to pay 400,000 (four hundred thousand) euros to the applicant Emaş Endüstri Mineralleri A.Ş. with a view to securing a friendly settlement of the application registered under no. 42770/98. This sum shall cover any pecuniary and non-pecuniary damage as well as costs.
200,000 (two hundred thousand) euros of this sum, which corresponds to half of the whole sum agreed upon, will be payable within three months from the date of the decision by the Court pursuant to Article 37 § 1 a) and c) of the European Convention on Human Rights. This sum shall be paid in euros to a bank account named by the applicant, free of any taxes and charges that may be applicable.
The Government further agree to pay the remaining 200,000 (two hundred thousand) euros within six months following the decision by the Court pursuant to Article 37 § 1 a) and c) of the European Convention on Human Rights. This sum shall also be paid in euros to a bank account named by the applicant, free of any taxes and charges that may be applicable. This payment will constitute the final resolution of the case.
Ankara, 11 November 2003”
The Court received the following declaration signed by one of the representatives of the applicant:
“I note that the Government of Turkey are prepared to pay the sum of 400,000 (four hundred thousand) euros covering pecuniary and non-pecuniary damage and costs to to the applicant Emaş Endüstri Mineralleri A.Ş with a view to securing a friendly settlement of application no. 42770/98 pending before the Court.
I note that 200,000 (two hundred thousand) euros of this sum, which corresponds to half of the whole sum agreed upon, will be payable within three months from the date of the decision by the Court pursuant to the Article 37 § 1 a) and c) of the European Convention on Human Rights and the remaining 200,000 (two hundred thousand) euros will be payable within six months from the date of this decision.
I accept the proposal and waive any further claims against Turkey in respect of the facts of this application. I declare that this constitutes a final settlement of the case.
This declaration is made in the context of a friendly settlement which the Government and the applicant have reached.
Mersin, 9 September 2002”
The Court takes note of the agreement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention or its Protocols and considers that there is no reason which would justify the continuation of the examination of the application (Article 37 § 1 in fine of the Convention and Rule 62 § 3 of the Rules of the Court).
For these reasons, the Court unanimously
Decides to disjoin the application from other applications;
Decides to strike the application out of its list of cases.
Vincent BergerGeorg Ress
RegistrarPresident
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