THIRD SECTION
DECISION
Application no. 68118/01
by Ismet and ülker KIVRAK
against Turkey
The European Court of Human Rights (Third Section), sitting on 23 May 2002 as a Chamber composed of
MrG. Ress, President,
MrI. Cabral Barreto,
MrL. Caflisch,
MrP. Kūris,
MrR. Türmen,
MrJ. Hedigan,
MrsM. Tsatsa-Nikolovska, judges,
and Mr V. Berger, Section Registrar,
Having regard to the above application lodged on 6 July 1998,
Having regard to the formal declarations accepting a friendly settlement of the case submitted by the applicants and the Government on 21 November 2001 and 19 March 2002 respectively,
Having deliberated, decides as follows:
THE FACTS
The applicants, Mr İsmet Kıvrak and Ms Ülker Kıvrak, are Turkish nationals, born in 1946 and 1949 respectively, and live in İzmir. They are represented before the Court by Mr Kaynar, a lawyer practising in İzmir.
The facts of the case, as submitted by the applicants, may be summarised as follows.
In 1992, the General Directorate of National Roads and Highways (Devlet Karayolları Genel Müdürlüğü), a state body responsible, inter alia, for motorway construction, expropriated a plot of land belonging to the applicants in İzmir in order to build the İzmir-Aydın Motorway. A committee of experts assessed the value of the plot of land and this amount was paid to them when the expropriation took place.
Following the applicants’ requests for increased compensation, on 15 March 1993, the İzmir Civil Court of General Jurisdiction awarded them additional compensation plus interest at the statutory rate of 30 % per annum. On 28 May 1993 the Court of Cassation upheld the decision of the first-instance court. The due amount was paid to the applicants on 12 January 1998.
Details are indicated in the table below:
DATE OF FINAL DECISION DELIVERED BY THE COURT OF CASASATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION (INTERESTS AND LEGAL COSTS NOT INCLUDED)
(In Turkish liras)
DATE OF PAYMENT
AMOUNT OF PAYMENT (INCLUDING STATUTORY INTEREST AT THE RATE OF 30 % PER ANNUM AND COSTS) (in Turkish liras)
28.05.1993
576,941,000
12.01.1998
1,596,860,000
COMPLAINTS
The applicants complain under Article 1 of Protocol No. 1 to the Convention that at a time when the annual rate of inflation in Turkey was very high, they had been paid insufficient interest on additional compensation received following the expropriation of their land and the authorities had delayed in paying them the relevant amounts.
In this connection the applicants further invoke Article 14 of the Convention. They complain of the exceptional situation which was favourable to the State as a result of the difference between the rate of interest payable on debts owed to the State (around 84% per annum) and the rate of interest on overdue State debts (30% per annum) at the material time.
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 43,400 (forty-three thousand four hundred) United States dollars to Mr İsmet Kıvrak and Ms Ülker Kıvrak with a view to securing a friendly settlement of the application registered under no. 68118/01. This sum shall cover any pecuniary and non-pecuniary damage as well as costs, and it will be payable within three months from the date of delivery of the decision by the Court ... .
This sum shall be paid in US dollars 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 the representative of the applicants:
“I note that the Government of Turkey are prepared to pay the sum of 43,400 (forty-three thousand four hundred) United States dollars covering pecuniary and non-pecuniary damage and costs to Mr İsmet Kıvrak and Ms Ülker Kıvrak with a view to securing a friendly settlement of application no. 68118/01 pending before the Court.
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...”
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 strike the application out of its list of cases.
Vincent BergerGeorg Ress
RegistrarPresident
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