THIRD SECTION
FINAL DECISION
Application no. 42826/98
by Mustafa ÖZGÖKMEN 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 They 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 İçel 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 decisions of the first instance courts. In the beginning of 1998 the due amounts were paid to the applicants respectively.
Details as to the date of transfer of title deed to the land, the final decision by the Court of Cassation, the amount of additional compensation and the date of payment are indicated in the table below:
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. Mustafa ÖZGÖKMEN
15.10.1992
17.01.1994
66.082.961
11.02.1998
2. İsa TOPAL
Şemsettin TOPAL
Ali TOPAL
03.06.1992
12.11.1993
59.852.000
11.02.1998
3.Veli ERGEÇ
05.04.1993
17.01.1994
81.898.568
11.02.1998
4. Muzaffer ÇAKIR
Fatma ÇAKIR (Bastık)
Emine ÇAKIR (Güllü)
İhsan ÇAKIR
Emiş ÇAKIR (Karaman)
Tahsin ÇAKIR
Sultan ÇAKIR (KESİK)
Hatice ÇAKIR (Dike)
Neriman KILAVUZ
İbrahim ZEBUN
Sultan KÜÇÜK
Teslime ÇAKIR
Türkan ZEBUN
(Antep)
Dudu ZEBUN
21.06.1994
09.10.1995
1.365.000.000
28.01.1998
5. İsa TOPAL
Şemsettin TOPAL
Ali TOPAL
Ayşe YILDIRIM
Hüsne TOPAL
Asiye TOPAL
Mustafa TOPAL
Hayriddin TOPAL
Meryem TOPAL (Balcı)
Cüneyt TOPAL
24.06.1992
15.11.1993
25.050.000
11.02.1998
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 30,000 (thirty thousand) euros to Mr Mustafa Özgökmen, Mr İsa Topal, Mr Şemsettin Topal, Mr Ali Topal, Mr Veli Ergeç, Ms Zöhre Çakır, Mr Muzaffer Çakır, Ms Fatma Çakır (Bastık), Ms Emine Çakır (Güllü), Mr İhsan Çakır, Ms Emiş Çakır (Karaman), Mr Tahsin Çakır, Ms Sultan Çakır (Kesik), Ms Hatice Çakır (Dike), Ms Neriman Kılavuz, Mr İbrahim Zebun, Ms Sultan Küçük, Ms Teslime Çakır, Ms Türkan Zebun (Antep), Ms Dudu Zebun, Ms Ayşe Yıldırım, Ms Hüsne Topal, Ms Asiye Topal, Mr Mustafa Topal, Mr Hayriddin Topal, Ms Meryem Topal (Balcı) and Mr Cüneyt Topal[1] with a view to securing a friendly settlement of the application registered under no. 42826/98. This sum shall cover any pecuniary and non-pecuniary damage as well as costs and will be divided up as follows:
Mr Mustafa Özgökmen3,500 EUR
Mr İsa Topal, Mr Şemsettin Topal, Mr Ali Topal4,500 EUR
Mr Veli Ergeç3,700 EUR
Ms Zöhre Çakır, Mr Muzaffer Çakır, Ms Fatma Çakır (Bastık), Ms Emine Çakır (Güllü), Mr İhsan Çakır, Ms Emiş Çakır (Karaman), Mr Tahsin Çakır, Ms Sultan Çakır (Kesik), Ms Hatice Çakır (Dike), Ms Neriman Kılavuz, Mr İbrahim Zebun, Ms Sultan Küçük, Ms Teslime Çakır, Ms Türkan Zebun (Antep), Ms Dudu Zebun, 16,500 EUR
Mr İsa Topal, Mr Şemsettin Topal, Mr Ali Topal,Ms Ayşe Yıldırım, Ms Hüsne Topal, Ms Asiye Topal, Mr Mustafa Topal, Mr Hayriddin Topal, Ms Meryem Topal (Balcı) ,Mr Cüneyt Topal 1,800 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 30,000 (thirty thousand) euros covering pecuniary and non-pecuniary damage and costs to Mr Mustafa Özgökmen, Mr İsa Topal, Mr Şemsettin Topal, Mr Ali Topal, Mr Veli Ergeç, Ms Zöhre Çakır, Mr Muzaffer Çakır, Ms Fatma Çakır (Bastık), Ms Emine Çakır (Güllü), Mr İhsan Çakır, Ms Emiş Çakır (Karaman), Mr Tahsin Çakır, Ms Sultan Çakır (Kesik), Ms Hatice Çakır (Dike), Ms Neriman Kılavuz, Mr İbrahim Zebun, Ms Sultan Küçük, Ms Teslime Çakır, Ms Türkan Zebun (Antep), Ms Dudu Zebun, Ms Ayşe Yıldırım, Ms Hüsne Topal, Ms Asiye Topal, Mr Mustafa Topal, Mr Hayriddin Topal, Ms Meryem Topal (Balcı) and Mr Cüneyt Topal with a view to securing a friendly settlement of application no. 42826/98 pending before the Court. This sum will be divided up as follows:
Mr Mustafa Özgökmen3,500 EUR
Mr İsa Topal, Mr Şemsettin Topal, Mr Ali Topal4,500 EUR
Mr Veli Ergeç3,700 EUR
Ms Zöhre Çakır, Mr Muzaffer Çakır, Ms Fatma Çakır (Bastık), Ms Emine Çakır (Güllü), Mr İhsan Çakır, Ms Emiş Çakır (Karaman), Mr Tahsin Çakır, Ms Sultan Çakır (Kesik), Ms Hatice Çakır (Dike), Ms Neriman Kılavuz, Mr İbrahim Zebun, Ms Sultan Küçük, Ms Teslime Çakır, Ms Türkan Zebun (Antep), Ms Dudu Zebun, 16,500 EUR
Mr İsa Topal, Mr Şemsettin Topal, Mr Ali Topal, Ms Ayşe Yıldırım, Ms Hüsne Topal, Ms Asiye Topal, Mr Mustafa Topal, Mr Hayriddin Topal, Ms Meryem Topal (Balcı) ,Mr Cüneyt Topal 1,800 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 make corrections to some of the applicants’ names in the above declaration.
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
Mustafa Özgökmen İsa Topal Şemsettin Topal Ali Topal Veli Ergeç Muzaffer Çakır Fatma Çakır (Bastık) Emine Çakır (Güllü) İhsan ÇakırEmiş Çakır (Karaman)Tahsin ÇakırSultan Çakır (Kesik)Hatice Çakır (Dike)Neriman Kılavuzİbrahim ZebunSultan KüçükTeslime ÇakırTürkan Zebun (Antep)Dudu ZebunAyşe YıldırımHüsne TopalAsiye TopalMustafa TopalHayriddin TopalMeryem Topal (Balcı)Cüneyt Topal
[1] Taking into consideration the letter sent by the applicant’s representative on 9 September 2002, the names of some of the applicants Fatma Çakır (Bastık), Emine Çakır (Güllü), Emiş Çakır (Karaman), Sultan Çakır (Kesik), Hatice Çakır (Dike), Türkan Zebun (Antep), Meryem Topal (Balcı), have been corrected.
[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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