THIRD SECTION
FINAL DECISION
Application no. 42834/98
by Ayşe GÖK and Others
against Turkey
The European Court of Human Rights (Third Section), sitting on 23 October 2003 as a Chamber composed of:
MrG. Ress, President,
MrI. Cabral Barreto,
MrL. Caflisch,
MrR. Türmen,
MrB. Zupančič,
MrsH.S. Greve,
MrK. Traja, judges,
and Mr V. Berger, Section Registrar,
Having regard[Note1] to the above application lodged with the European Commission of Human Rights on 24 July 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 applicants and the Government on 9 September 2002 and 15 July 2003 respectively,
Having deliberated, decides as follows:
THE FACTS
The applicants, whose names are listed in the appendix, are Turkish nationals. By a letter dated 27 August 2001 the applicants’ representatives informed the Court that the applicant Elife Civelek had died on 7 December 1998 and that her heirs, Ramazan Civelek, Fetiye Kuru, Seher Kuru (Civelek), wished to pursue her application. The applicants are represented before the Court by Mr A. Akıllıoğlu 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 applicants 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 applicants and these amounts were paid to them when the expropriation took place.
Following the applicants’ requests for increased compensation, the national courts awarded them additional compensation plus an interest at the statutory rate of 30 % per annum. The applicants appealed and the Court of Cassation upheld the decision of the first instance court. In the beginning of 1998 the due amounts were paid to the applicants respectively.
Details are indicated in the table below:
APPLICATION NUMBERS AND NAMES OF THE APPLICANTS
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
1.Ayşe GÖK
28.07.1993
30.05.1994
43.208.512
06.02.1998
2.Emine ÇALIŞKAN
Meryem ŞİMŞEK
Reşit AYDEMİR
Muzaffer AYDEMİR
İsmet AYDEMİR
İbrahim AYDEMİR
26.08.1993
21.12.1995
729.686.000
06.02.1998
3.Ömer Nazmi KARA
09.01.1993
02.02.1995
89.362.400
11.02.1998
4.Mehmet KAPLAN
Abdil KAPLAN
Mahmut KAPLAN
Süleyman KAPLAN
Mustafa KAPLAN
22.01.1992
14.04.1994
37.321.225
11.02.1998
5.Ramazan CİVELEK
Ramazan CİVELEK
Fetiye KURU
Seher KURU (Civelek)
27.01.1993
27.05.1996
479.123.440
18.02.1998
COMPLAINTS
The applicants allege that the rate of interest applied in the calculation of the additional compensation for expropriation was too low. They also complain of the delays in obtaining their compensation. In this regard they invoke Article 1 of Protocol No 1 and Article 6 of the Convention.
THE LAW
Following informal contacts between the applicants’ 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 22,800 (twenty-two thousand eight hundred) euros to Ms Ayşe Gök, Ms Emine Çalışkan, Ms Meryem Şimşek, Mr Reşit Aydemir, Mr Muzaffer Aydemir, Mr İsmet Aydemir, Mr İbrahim Aydemir, Mr Ömer Nazmi Kara, Mr Mehmet Kaplan, Mr Abdil Kaplan, Mr Mahmut Kaplan, Mr Süleyman Kaplan, Mr Mustafa Kaplan, Mr Ramazan Civelek and the heirs of Ms Elife Civelek (Ramazan Civelek, Fetiye Kuru, Seher Kuru (Civelek))[1] with a view to securing a friendly settlement of the application registered under no. 42834/98. This sum shall cover any pecuniary and non-pecuniary damage as well as costs and will be divided up as follows:
Ms Ayşe Gök1,700 EUR
Ms Emine Çalışkan, Ms Meryem Şimşek, Mr Reşit Aydemir, Mr Muzaffer Aydemir, Mr İsmet Aydemir, Mr İbrahim Aydemir 10,500 EUR
Mr Ömer Nazmi Kara2,400 EUR
Mr Mehmet Kaplan, Mr Abdil Kaplan, Mr Mahmut Kaplan,
Mr Süleyman Kaplan, Mr Mustafa Kaplan 2,000 EUR
Mr Ramazan Civelek, the heirs of Ms Elife Civelek (Ramazan Civelek, Fetiye Kuru, Seher Kuru (Civelek)) 6,200 EUR
This sum will be payable within three months from the date of the decision by the Court ... This sum shall be paid in euros to a bank account named by the applicants, free of any taxes and charges that may be applicable. The payment will constitute the final resolution of the case.”
The Court received the following declaration from one of the representatives of the applicants:
“I note that the Government of Turkey are prepared to pay the sum of 22,800 (twenty-two thousand eight hundred) euros covering pecuniary and non-pecuniary damage and costs to Ms Ayşe Gök, Ms Emine Çalışkan, Ms Meryem Şimşek, Mr Reşit Aydemir, Mr Muzaffer Aydemir, Mr İsmet Aydemir, Mr İbrahim Aydemir, Mr Ömer Nazmi Kara, Mr Mehmet Kaplan, Mr Abdil Kaplan, Mr Mahmut Kaplan, Mr Süleyman Kaplan, Mr Mustafa Kaplan, Mr Ramazan Civelek and the heirs of Ms Elife Civelek (Ramazan Civelek, Fetiye Kuru, Seher Kuru (Civelek)) with a view to securing a friendly settlement of application no. 42834/98 pending before the Court. This sum will be divided up as follows:
Ms Ayşe Gök1,700 EUR
Ms Emine Çalışkan, Ms Meryem Şimşek, Mr Reşit Aydemir, Mr Muzaffer Aydemir, Mr İsmet Aydemir, Mr İbrahim Aydemir 10,500 EUR
Mr Ömer Nazmi Kara 2,400 EUR
Mr Mehmet Kaplan, Mr Abdil Kaplan, Mr Mahmut Kaplan,Mr Süleyman Kaplan, Mr Mustafa Kaplan 2,000 EUR
Mr Ramazan Civelek, the heirs of Ms Elife Civelek (Ramazan Civelek, Fetiye Kuru, Seher Kuru (Civelek)) 6,200 EUR
I also note that this sum will be payable within three months from the date of the decision by the Court ... This sum shall be paid in euros to a bank account named by the applicants, free of any taxes and charges that may be applicable.
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 applicants have reached.”
After informing the Government, the Court took into consideration the applicant’s representative’s request of 9 September 2002 to add the names of the heirs of the deceased applicant in the above declarations.
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 applications;
Decides to strike the application out of its list of cases.
Vincent BergerGeorg Ress
RegistrarPresident
List of Applicants
Ayşe Gök Emine Çalışkan Meryem Şimşek Reşit Aydemir Muzaffer Aydemir İsmet Aydemir İbrahim Aydemir Ömer Nazmi Kara Mehmet KaplanAbdil KaplanMahmut KaplanSüleyman KaplanMustafa KaplanRamazan CivelekFetiye KuruSeher Kuru (Civelek)
[1] Taking into consideration the letter sent by the applicant’s representative on 9 September 2002, the names of the heirs of the deceased applicant, Ms Elife Civelek have been added.
[Note1]Other possible paragraphs are (can be copied here and pasted directly into text):
Having regard to the comments submitted by [the [Click and type Third-State Nationality] Government] [[Click and type Other Third Party]],
Having regard to the [parties’] oral submissions [of the parties and of [Click and type Third-Party Name]] at the hearing on [Click and type Date],
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