THIRD SECTION
DECISION
Application no. 40224/02
by Çetin ÖKMEN
against Turkey
The European Court of Human Rights (Third Section), sitting on 30 August 2007 as a Chamber composed of:
MrB.M. Zupančič, President,
MrC. Bîrsan,
MrR. Türmen,
MrsE. Fura-Sandström,
MrsA. Gyulumyan,
MrE. Myjer,
MrDavid Thór Björgvinsson, judges,
and Mr S. Quesada, Section Registrar,
Having regard to the above application lodged on 11 October 2002,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Çetin Ökmen, is a Turkish national who was born in 1965 and lives in Ankara. He was represented before the Court by Mr H. Güleç and Mr M. Bayat, lawyers practising in Ankara. The Turkish Government (“the Government”) did not designate an Agent for the purpose of the proceedings before the Court.
The facts of the case, as submitted by the parties, may be summarised as follows.
The applicant was working as an execution officer in the Ministry of Justice. On 20 February 1997 he was appointed by the Ministry to work temporarily in a different department. On 26 February 1997 he began his temporary work. With an instruction dated 21 March 1997 the Ministry terminated the applicant’s temporary post. However, the applicant continued to work for thirty eight days more, as the order of the ministry was only notified to him on 28 April 1997. The Ministry paid the applicant daily wages only up until 21 March 1997.
On 12 May 1997 the applicant filed a petition with the Ministry of Justice requesting his missing daily wages for the thirty eight extra days. As the Ministry failed to reply to his petition, on 15 July 1997 he filed an action with the Ankara Administrative Court.
On 24 February 1999 the Court decided in the applicant’s favour and ordered the Ministry to pay the applicant 30,400,000 Turkish liras (TRL) (approximately 72 euros [EUR] at the time of the judgment), together with interest at a statutory rate running from the date on which he filed his request with the administration. The Ministry appealed.
On 19 March 2002 the Supreme Administrative Court upheld the decision of the first instance court.
In the meantime the applicant initiated enforcement proceedings against the Ministry.
On 27 January 2006 the Ministry executed the judgment ruled in favour of the applicant. He was paid 221,49 new Turkish liras (approximately EUR 137).
COMPLAINTS
The applicant complained under Article 6 of the Convention about the length of the compensation proceedings and the non-enforcement of the judgment given in his favour.
THE LAW
On 8 June 2007 the Court received the following declaration from the Government:
“I declare that the Government of Turkey offer to pay ex gratia EUR 3,000 (three thousand euros) to Mr Çetin Ökmen with a view to securing a friendly settlement of the application registered under no. 40224/02. This sum shall cover any pecuniary and non‑pecuniary damage as well as costs.
This sum will be payable within three months from the date of the decision by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. It shall be paid in euros, to be converted into new Turkish liras at the rate applicable at the date of payment, to a bank account named by the applicant, free of any taxes and charges that may be applicable. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay, until settlement, simple interest on the amount 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.”
On 10 April 2007 the Court received the following declaration signed by the applicant:
“I note that the Government of Turkey are prepared to pay ex gratia the sum of EUR 3,000 (three thousand euros) to Mr Çetin Ökmen with a view to securing a friendly settlement of the application registered under no. 40224/02. This sum shall cover any pecuniary and non‑pecuniary damage as well as costs.
I also note that the amount indicated will be paid, in euros, to be converted into new Turkish liras at the rate applicable at the date of payment, and free of any taxes and charges that may be applicable, within three months from the date of the decision by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
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 applicant have reached.”
The Court 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 public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). In view of the above, it is appropriate to discontinue the application of Article 29 § 3 of the Convention and 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.
Santiago QuesadaBoštjan M. Zupančič
RegistrarPresident
Full & Egal Universal Law Academy