Resolution ResDH(2003)65
concerning the judgments of the European Court of Human Rights
on 3 July 2001 (final on 3 October 2001)
in the Halim Akça case and 19 other cases against Turkey (see Appendix) relating to the administration’s delay in payment of additional compensation for expropriation and the applicable rate of default interest
(Adopted by the Committee of Ministers on 24 April 2003
at the 834th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the judgments of the European Court of Human Rights in the 20 cases of which the details appear in the Appendix to this resolution, which were delivered on 3 July 2001 and transmitted to the Committee of Ministers once they had become final under Articles 44 and 46 of the Convention;
Recalling that these cases originated in applications against Turkey lodged with the European Commission of Human Rights on 15 August 1991 under former Article 25 of the Convention by 20 Turkish nationals, and that the Court, seised of the cases under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaints that there had been a breach of the applicants’ right to the peaceful enjoyment of their possessions due to the administration’s delay in paying additional compensation awarded by the domestic courts for the expropriation of the applicants’ properties and due to the losses of value this caused as a result of substantial difference between the default interest rate applicable at the time and the average rate of inflation in Turkey;
Whereas in its judgments of 3 July 2001 concerning these cases the Court, unanimously:
- held that there had been a violation of Article 1, of Protocol No. 1, to the Convention;
- held that it was not necessary to examine the applicants’ complaints under Article 6, paragraph 1, of the Convention;
- held that the government of the respondent state was to pay the applicants, within three months from the date on which the judgment became final, the amounts of just satisfaction awarded in American dollars to be converted into Turkish liras at the rate applicable at the date of settlement (for details see the table appended to the present resolution) plus any sum due in respect of tax, and that simple interest at an annual rate of 6% would be payable on these sums from the expiry of the above-mentioned three months until settlement;
Having regard to the Rules adopted by the Committee of Ministers for the application of Article 46, paragraph 2, of the Convention;
Having invited the government of the respondent state to inform it of the measures which had been taken in consequence of the judgments of 3 July 2001, having regard to Turkey’s obligation under Article 46, paragraph 1, of the Convention to abide by them;
Whereas during the examination of the cases by the Committee of Ministers, the government of the respondent state recalled that measures had already been taken to avoid new, similar violations (see Resolutions ResDH(2001)70 and ResDH(2001)71 in the cases Aka and Akkuş against Turkey respectively), notably through the entry into force on 1 January 2000 of Law No. 4489, which brought the statutory rate of default interest into line with the annual rediscount rate applied by the Turkish Central Bank to short-term debts (the latter rate is fixed and permanently reviewed, taking into account particularly the country’s inflation rate), and indicated that the Court’s judgments had been sent out to the authorities directly concerned;
Having satisfied itself that the government of the respondent state had paid the applicants, within the time-limit set, the sums provided for in the judgments of 3 July 2001,
Declares, after having taken note of the information supplied by the Government of Turkey, that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases.
Appendix to Resolution ResDH(2003)65
Details of the 20 cases and the just satisfaction awarded to the applicants
Case
Application No.
Pecuniary Damage
Non-pecuniary Damage
Costs and Expenses
Halim Akça
19640/92
american dollars 2 629
american dollars 1 000
american dollars 300
Mehmet Akçay
19641/92
american dollars 25 030
american dollars 1 000
american dollars 300
Ahmet Akkaya
19642/92
american dollars 6 809
american dollars 1 000
american dollars 300
İbrahim Akkaya
19643/92
american dollars 6 432
american dollars 1 000
american dollars 300
Mustafa Akkaya
19644/92
american dollars 19 682
american dollars 1 000
american dollars 300
Hüseyin Balcı
19645/92
american dollars 1 953
american dollars 1 000
american dollars 300
Macit Balcı
19646/92
american dollars 1 953
american dollars 1 000
american dollars 300
Bilge Baltekin
19647/92
american dollars 3 452
american dollars 1 000
american dollars 300
Halil Başar
19648/92
american dollars 11 874
american dollars 1 000
american dollars 300
Ahmet Bilgin
19650/92
american dollars 9 193
-
american dollars 300
Talip Başar
19649/92
american dollars 16 420
american dollars 1 000
american dollars 300
Mahmut Bilgin
19651/92
american dollars 9 193
-
american dollars 300
Mehmet Bilgin (No.2)
19652/92
american dollars 9 193
-
american dollars 300
Yusuf Bilgiç
19653/92
american dollars 50 736
american dollars 1 000
american dollars 300
Fethiye Dinç
19654/92
american dollars 19 881
american dollars 1 000
american dollars 300
Ünzile Dokel
19655/92
american dollars 7 415
american dollars 1 000
american dollars 300
Saadettin Eğrikale
19656/92
american dollars 9 362
american dollars 1 000
american dollars 300
Naşide Erol (No.2)
19657/92
american dollars 4 787
-
american dollars 300
Recep Erol
19658/92
american dollars 46 200
american dollars 1 000
american dollars 300
Sefer Erol
19659/92
american dollars 19 881
american dollars 1 000
american dollars 300
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