Resolution CM/ResDH(2008)68[1]
Execution of the judgments of the European Court of Human Rights
in 9 cases concerning delays by the administration in paying additional
compensation for expropriation and the applicable rate of default interest
against Turkey
(see details in Appendix)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);
Having regard to the judgments transmitted by the Court to the Committee once they had become final;
Recalling that the violation of the Convention found by the Court in these cases concerns delays in payment of additional compensation for expropriation and the insufficient rate of default interest applicable (violations of Article 1 of Protocol No. 1);
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with Turkey's obligation under Article 46, paragraph 1, of the Convention to abide by the judgments;
Having examined the information provided by the government in accordance with the Committee's Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that, within the time-limit set, the respondent state paid the applicants the just satisfaction provided in the judgments (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent state, where appropriate, of
- individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- general measures preventing similar violations;
Having examined the measures taken by the respondent state to that effect (see Appendix);
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 violations of the same kind (see Resolutions ResDH(2001)70 and ResDH(2001)71 in the cases Aka and Akkuş against Turkey, respectively), in particular 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,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and
DECIDES to close the examination of these cases.
Appendix to Resolution CM/ResDH(2008)68
Details of cases
Name of the case and application No.
Date of judgment
Final on
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Date of payment
TURHAN ATAY and others
56493/00
26/06/06
26/09/06
3 924 EUR
-
500 EUR
11/12/07
TAŞATAN
60580/00
10/05/07
24/09/07
4 330 EUR
-
1 000 EUR
12/12/07
GÜRGEN
61737/00
14/06/07
14/09/07
-
-
-
-
KANSIZ
74433/01
22/05/07
12/11/07
20 000 EUR
-
200 EUR
06/02/08
KENDİRCİ NECİP and others
10582/02
03/04/07
09/07/07
28 150 EUR
-
500 EUR
19/09/07
çAKIR
13890/02
26/06/07
26/09/07
85 EUR
-
1 000 EUR
11/12/07
AKDAŞ and others
23901/02
17/07/07
17/10/07
21 850 EUR
-
2 500 EUR
16/01/08
HAS and others
23918/02 +
14/06/07
14/09/07
220 910 EUR
-
2 300 EUR
05/12/07
EVCİL
34026/02
31/07/07
31/10/07
5 673 EUR
-
1 000 EUR
31/01/08
[1] Adopted by the Committee of Ministers on 25 June 2008 at the 1028th meeting of the Ministers’ Deputies
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