SECOND SECTION
DECISION
Application no. 74119/14
Şerife ERSOY
against Turkey
The European Court of Human Rights (Second Section), sitting on 11 June 2019 as a Committee composed of:
Julia Laffranque, President,
Ivana Jelić,
Arnfinn Bårdsen, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above application lodged on 13 November 2014,
Having regard to the declaration submitted by the respondent Government on 14 January 2019 requesting the Court to strike the application out of the list of cases and the applicant’s reply to that declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Ms Şerife Ersoy, is a Turkish national, who was born in 1936. She was represented before the Court by Mr A. Aktay and Mr U.Ç. Aktay, lawyers practising in Mersin.
2. The Turkish Government (“the Government”) were represented by their Agent.
3. On 19 November 2014 the applicant deceased. The applicant’s representative informed the Registry that the applicant’s son, Mr Ali Biltekin, wished to pursue the application in the capacity of her heir.
4. The applicant complained, in particular, of the financial loss she had suffered as a result of late payment of the expropriation compensation awarded to her by the domestic courts.
5. On 19 October 2017 the complaint concerning Article 1 of the Protocol No. 1 to the Convention was communicated to the Government and the remainder of the application was declared inadmissible pursuant to Rule 54 § 3 of the Rules of Court.
6. After unsuccessful friendly-settlement negotiations, by letter dated 14 January 2019 the Government informed the Court that they proposed to make a declaration with a view to resolving the issue raised by the application.
7. The Government acknowledged that the failure of the domestic courts to apply any default interest to the compensation amount constituted an excessive burden on the applicant and breached her right to peaceful enjoyment of her possessions in the light of the Court’s case-law in Dökmeci v. Turkey (no. 74155/14, 6 December 2016). They undertook to pay the applicant’s heir, Mr Ali Biltekin, 1,982 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. This sum will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, from expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The payment will constitute the final resolution of the case.
The Government further requested the Court to strike out the application.
8. On 12 March 2019, the Court received a letter from the applicant’s lawyer informing the Court that the applicant’s heir had agreed to the terms of the Government’s declaration.
THE LAW
9. The Court takes note of the applicant’s death and of the wish of her heir, Mr Ali Biltekin, to pursue the proceedings in her stead. It considers that her heir has a legitimate interest in pursuing the application (see, among others, Ječius v. Lithuania, no. 34578/97, § 41, ECHR 2000-IX).
10. The Court finds that following the applicant’s heir’s express agreement to the terms of the declaration made by the Government the case should be treated as a friendly settlement between the parties.
11. It therefore takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no reasons to justify a continued examination of the application.
12. In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases pursuant to Article 39 of the Convention.
Done in English and notified in writing on 4 July 2019.
Hasan BakırcıJulia Laffranque
Deputy RegistrarPresident
Full & Egal Universal Law Academy