FIRST SECTION
PARTIAL DECISION
AS TO THE ADMISSIBILITY OF
Application no. 42146/98 and other 41 applications
by Ali ŞEN and Others
against Turkey
The European Court of Human Rights (First Section), sitting on 12 September 2000 as a Chamber composed of
MrsE. Palm, President,
MrL. Ferrari Bravo,
MrGaukur Jörundsson,
MrR. Türmen,
MrB. Zupančič,
MrT. Panţîru,
MrR. Maruste, judges,
andMrM. O’Boyle, Section Registrar,
Having regard to the above application introduced and registered with the European Commission of Human Rights on the below mentioned dates,
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 deliberated, decides as follows:
THE FACTS
The applicants, whose names are listed in the tables below, are Turkish nationals. They are represented before the Court by Mr Tekin Akıllıoğlu, a lawyer practising in Ankara.
The facts of the case, as submitted by the applicants, may be summarised as follows.
A.Particular circumstances of the case
The General Directorate of National Roads and Highways (Devlet Karayolları Genel Müdürlüğü), a state body responsible, inter alia, for motorway construction, expropriated plots of land belonging to the applicants in İçel, Adana, Tarsus and İskenderun in order to build the Tarsus -İçel - Çukurova - İskenderun Motorway. Expropriations took place between June 1991 and December 1995. A committee of experts assessed the value of the plots of land belonging to each of the applicants and compensation was paid to them individually when the expropriation took place.
Following the applicants’ requests for increased compensation, the national courts awarded them additional compensation plus interest at the statutory rate of 30% per annum, namely the rate applicable at the date of the courts’ decisions. The date for the running of the statutory rate of interest was fixed by the domestic court in respect of each applicant. The applicants appealed and the Court of Cassation upheld the decisions of the first instance courts. Between January 1998 and June 1999 the administration paid the applicants the additional compensation awarded to them together with interest. The interest on the additional compensation was calculated at the statutory rate applicable between the date of the decisions of the Court of Cassation in favour of each applicant and 31 December 1997, namely 30%. As regards the period after 1 January 1998 the interest was calculated at the then applicable rate, namely 50%.
Between 1993 and 1999 the rate of inflation averaged 81.7% per annum.
All the details as to the date from which the statutory rate of interest (30% and 50% from 1 January 1998) began to run, the final decision of the Court of Cassation, the amount of additional compensation awarded and the date and amount of payment are indicated in the tables below.
1. Application No. 42146/98
Date of introduction: 21 May 1998 - Date of registration: 9 July 1998
NAMES
OF THE APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
1.Ali ŞEN
21.6.1995
20.5.1996
3.293.500.000
9.1.1998
5.273.338.000
2.Ümit ALTINEL
5.7.1995
16.5.1996
1.044.000.000
12.1.1998
1.712.286.000
3.Münevver SÜRMELİ
5.7.1995
23.5.1996
2.149.900.000
12.1.1998
3.536.776.000
4.Mukaddis GÖK
14.06.1995
20.5.1996
18.521.430.000
09.1.1998
30.770.978.000
5.Nihadi EVGİN
26.7.1995
23.5.1996
869.760.000
15.1.1998
1.413.713.000
6.Mehmet SÜRMELİ
21.6.1995
23.5.1996
5.683.040.000
15.1.1998
9.404.155.000
2. Application No. 42521/98
Date of introduction: 25 June 1998 - Date of registration: 31 July 1998
NAMES OF THE APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
Hatice KAYA
25.8.1993
7.11.1994
119.290.485
21.1.1998
229.179.000
3. Application No. 42523/98
Date of introduction: 19 June 1998 - Date of registration: 31 July 1998
NAMES OF THE APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
1.Hatice ÇOPUR
4.8.1993
9.6.1994
257.379.000
02.2.1998
569.309.000
2.Fethiye KURU
Seher CİVELEK
27.1.1993
7.7.1994
229.212.000
26.1.1998
537.728.000
3.Ümmühan FIRTINA
16.12.1992
8.11.1993
12.090.945
06.3.1998
27.913.000
4.Fatma ÇOR
28.7.1993
31.10.1994
76.803.000
21.1.1998
167.685.000
5.Lütfi İhsan PAN
27.1.1993
24.11.1994
331.837.350
23.1.1998
778.937.000
4. Application No. 42524/98
Date of introduction: 19 June 1998 - Date of registration: 31 July 1998
NAMES OF THE APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
1.Hatice CİVELEK
Kaber Celil CİVELEK
Mehmet CİVELEK
Elife SARI
Ümmü CİVELEK
Fatma CİVELEK
Mustafa CİVELEK
Celil CİVELEK
Meliha CİVELEK
Meryem CİVELEK
(CAN)
Nadiye CİVELEK
Hamit CİVELEK
Cemile ŞEKER
Yeter CİVELEK
Emine ÖZŞİRECİ
Abdulhamit CİVELEK
Mustafa CİVELEK
Mahmut CİVELEK
11.9.1993
7.11.1994
110.033.000
11.2.1998
232.604.000
2.Hatice CİVELEK
Kaber Celil CİVELEK
Mehmet CİVELEK
Elife SARI
Ümmü CİVELEK
Fatma CİVELEK
Mustafa CİVELEK
Celil CİVELEK
Meliha CİVELEK
Meryem CİVELEK
(CAN)
Nadiye CİVELEK
Hamit CİVELEK
Cemile ŞEKER
Yeter CİVELEK
Emine ÖZŞİRECİ
Abdulhamit CİVELEK
Mustafa CİVELEK
Mahmut CİVELEK
3.4.1993
1.7.1994
188.905.713
11.2.1998
430.941.000
3.Ahmet Duran SAYIM
Durdane KÖRÜKLÜ
Saniye ŞEN (ÖZEL)
8.2.1993
8.11.1993
113.670.262
11.2.1998
257.729.000
4.Fetiye KURU
Seher CİVELEK
4.8.1993
30.5.1994
40.498.000
18.2.1998
92.368.000
5.Application No. 42530/98
Date of introduction: 19 June 1998 - Date of registration: 3 August 1998
NAMES OF THE APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
1.Reşit AYDEMİR
12.2 1993
6.6.1994
337.355.604
26.1.1998
792.084.000
2.Reşit AYDEMİR
11.8.1993
18.5.1994
135.571.000
12.2.1998
298.255.000
3.Ali YILMAZ
11.8.1993
31.10.1994
109.307.000
12.2.1998
237.388.000
4.Veli ÇOPUR
15.2.1993
6.6.1994
15.676.890
6.3.1998
38.469.000
5.Hanife AYDEMİR
12.2.1993
18.5.1994
292.844.800
12.2.1998
680.999.000
6.Ahmet ŞEKER
16.3.1993
7.11.1994
31.835.361
11.2.1998
70.557.000
6. Application No. 42532/98
Date of introduction: 19 June 1998 - Date of registration: 3 August 1998
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
1.Dudu ŞEN
Ali İhsan ŞEN
Şadi ŞEN
Hamiyet ŞEN
14.6.1995
20.5.1996
8.760.503.000
15.1.1998
14.543.946.000
2.Şevki AKSOY
Cumali AKSOY
Veli AKSOY
Fadime AKSOY
Meryem KARABULUT
Fatma GÜLLÜ
14.7.1993
29.9.1994
220.000.000
26.1.1998
480.829.000
3.Selahattin SAYAN
Şükriye ACEL
Ayşe FAYDALI
Mediha PATIR
11.9.1993
2.2.1995
50.825.274
11.2.1998
110.039.000
4.İsmail Sefa ŞEN
Durmuş ŞEN
Necla KARA
14.6.1995
23.5.1996
4.590.655.500
12.1.1998
7.631.183.000
7. Application No. 42536/98
Date of introduction: 19 June 1998 - Date of registration: 3 August 1998
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
1.Yusuf KÖSEKARA
16.12.1992
27.1.1994
148.556.000
21.1.1998
351.886.000
2.Ali PAN
27.1.1993
2.6.1994
128.563.839
26.1.1998
302.826.000
3.Ali PAN
Selahattin PAN
27.1.1993
14.4.1994
39.881.288
11.2.1998
93.737.000
4.Hatice ÇOPUR
27.1.1993
21.4.1994
75.000.000
11.2.1998
177.348.000
5.Ümmühan FIRTINA
16.12.1992
18.4.1994
51.939.071
18.2.1998
120.899.000
6.Durmuş Ali AKTAŞ
14.2.1993
21.4.1994
98.909.500
11.2.1998
234.998.000
8. Application No. 42541/98
Date of introduction: 19 June 1998 - Date of registration: 3 August 1998
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
1Abdurrahman ŞİMŞEK *
18.8.1993
7.11.1994
91.686.000
12.2.1998
195.673.000
2.Abdurrahman ŞİMŞEK
27.1.1993
2.6.1994
448.233.600
23.1.1998
1.058.360.000
3.Durmuş Ali AKTAŞ
4.8.1993
1.7.1994
40.000.000
11.2.1998
88.623.000
4.Arif GÖK
4.8.1993
6.6.1994
17.515.800
26.2.1998
37.882.000
5.Duran Ali SARI
28.7.1993
7.11.1994
109.541.000
11.2.1998
236.887.000
9. Application No. 42542/98
Date of introduction: 19 June 1998 - Date of registration: 3 August 1998
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
1.Meryem DÜRÜ
9.12.1992
13.12.1993
102.088.000
11.2.1998
239.957.000
2.Zekeriya CİVELEK
16.12.1992
27.01.1994
74.382.785
21.1.1998
172.190.000
3.Yaşar ŞEN
14.6.1995
20.5.1996
224.500.000
15.1.1998
371.473.000
4.Ramazan CİVELEK
Elife CİVELEK
28.7.1993
28.11.1994
147.675.000
18.2.1998
326.512.000
5.Mehmet SAYIM
28.7.1993
18.5.1994
67.921.463
11. 2.1998
148.230.000
10. Application No. 42543/98
Date of introduction: 23 June 1998 - Date of registration: 3 August 1998
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
1.Abdi SARI
25.8.1993
24.11.1994
110.488.695
13.2.1998
235.973.000
2.Ali ÇINAR
25.8.1993
24.11,1994
138.577.000
11.2.1998
302.570.000
3.Ali YÜKSEL
25.8.1993
24.11.1994
100.000.000
13.2.1998
212.875.000
11. Application No. 42544/98
Date of introduction: 19 June 1998 - Date of registration: 3 August 1998
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
1.İzzettin SARI
27.1.1993
18.5.1994
110.302.800
6.2.1998
261.629.000
2.Abdurrahman ŞİMŞEK
27.1.1993
18.5.1994
294.961.757
21.1.1998
696.479.000
3.Nuri KÖSE
01.9.1993
30.5.1994
24.949.842
18.2.1998
53.753.000
4.Fatma ÇOR
27.1.1993
6.6.1994
332.987.000
21.1.1998
799.776.000
5.Selahattin SAYAN
17.12.1992
7.11.1994
89.516.000
11.2.1998
218.635.000
12. Application No. 43133/98
Date of introduction: 27 July 1998 - Date of registration: 27 August 1998
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
1.Refik ÇETİN
Bilal GÖK
Melek SIĞMAK
12.8.1992
8.11.1993
37.505.152
18.2.1998
91.980.000
2.Selahiddin PAN
Raziye BAĞCIOĞLU
Seher SARI (PAN)
Mustafa PAN
Meryem ÇOR (PAN)
Kemal PAN
Hamza PAN
16.12.1992
24.10.1994
45.000.000
11.2.1998
107.918.000
13. Application No. 43136/98
Date of introduction: 5 August 1998 - Date of registration: 27 August 1998
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
1.Emine SARKIN
Gülsevim BAKIR
29.6.1993
17.10.1994
307.831.000
13.2.1998
716.054.000
14. Application No. 43138/98
Date of introduction: 10 August 1998 - Date of registration: 27 August 1998
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
1.Hüsnü BUHUR
16.9.1992
3.10.1994
7.098.404
26.2.1998
16.364.000
2.Meliha OKSAL
Erdoğan OKSAL
Kerime OKSAL
Nevin MAĞARACI
Hasan OKSAL
Vildan ÖZÖKSÜZ
(OKSAL)
Erol OKSAL
Semriz ERKAYA
11.9.1993
2.2.1995
12.126.378
26.2.1998
26.022.000
3.Ali ERGÜL
22.1.1992
24.5.1993
24.228.400
26.2.1998
62.886.000
4.Tahsin ŞAHİN
6.5.1992
2.6.1994
11.544.610
26.2.1998
29.697.000
15. Application No.43141/98
Date of introduction: 17 August 1998 - Date of registration: 27 August 1998
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
1.Fatma GÜVEN
Salih YÖRÜK
Emsal YÖRÜK
Ali YÖRÜK
Fatma YÖRÜK
Şife YÖRÜK
(KOŞAR)
Mustafa YÖRÜK
Eşe YÖRÜK
Şerife YÖRÜK
Muhteber YÖRÜK
Ahmet YÖRÜK
9.9.1993
2.6.1994
5.311.000
2.3.1998
12.380.000
2.Emine CİNGÖZ
Hatice TOPÇU
8.9.1993
07.07.1994
18.843.034
2.3.1998
41.293.000
3.Emine GÜN
6.7.1993
25.4.1994
22.474.000
2.3.1998
50.390.000
4.Hüsnü BUHUR
Hikmet BUHUR
Birsen EROL
Kudret KOSTA
Nihal ERKILINÇ
Afife GÜNEŞ
Seher NACAR
16.9.1992
3.10.1994
4.360.878
6.3.1998
11.171.000
5.Ferhan ERDOĞAN
27.1.1992
27.5.1993
125.794.412
2.3.1998
322.693.000
6.Melek SIĞMAK
Firdevs OĞUZ
Ahmet ERCAN
Durdu KESİKBAŞ
(ERCAN)
12.8.1993
2.2.1995
30.886.000
2.3.1998
67.043.000
16.Application No. 43344/98
Date of introduction: 6 August 1998 - Date of registration: 7 September 1998
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
Sevimser BALIKÇIOĞLU
15.10.1992
14.3.1995
3.549.000
6.3.1998
4.454.000
17.Application No. 43641/98
Date of introduction: 17 August 1998 - Date of registration: 29 September 1998
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
1.Nuri KÖSE
9.9.1992
3.10.1994
2.697.086
6.3.1998
6.731.000
2.Özer BALIKÇIOĞLU
17.2.1993
30.3.1995
4.277.000
6.3.1998
13.795.000
3.Ekrem Serdar
BALIKÇIOĞLU
17.2.1993
16.3.1995
3.276.000
6.3.1998
8.925.000
18.Application No. 43642/98
Date of introduction: 24 August 1998 - Date of registration: 29 September 1998
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
1.Yadigar OĞUZ
29.1.1992
24.2.1994
13.008.000
6.3.1998
33.152.000
2.Makbule ÇEVİK
Yadigar OĞUZ
5.2.1992
27.5.1993
6.592.800
6.3.1998
19.026.000
3.Makbule ÇEVİK
Yadigar OĞUZ
24.2.1992
2.2.1995
14.186.937
2.3.1998
32.436.000
4.Şerife ÇÖL
Ümmü YÜKSEL
Müzeyyen ESEN
Fatma BAŞLI
3.6.1992
12.11.1993
45.464.500
11.3.1998
118.660.000
5.Ayşe GÖK
16.9.1992
3.10.1994
8.688.320
6.3.1998
19.399.000
19. Application No. 43644/98
Date of introduction: 24 August 1998 - Date of registration: 29 September 1998
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
1.Fethiye KARA
18.3.1992
9.5.1994
6.307.000
6.3.1998
17.011.000
2.Düldane KARA
18.3.1992
24.06.1993
73.734.375
6.3.1998
177.554.000
3.Selahattin SAYAN
Şükriye ACEL
Mediha PATIR
Ayşe FAYDALI
03.03.1993
20.06.1994
30.218.320
6.3.1998
70.530.000
4.Ismet AYDEMİR
Ibrahim AYDEMİR
11.09.1993
20.10.1994
34.270.500
2.3.1998
73.289.000
5.Fatma ASLAN
Ali ASLAN
Mustafa ASLAN
Muhterem ASLAN
Hüseyin ASLAN
Erdoğan ASLAN
Cemil ASLAN
Kadriye KENGER
Mukadder SERT
Meral ŞAPLI
Yeliz ASLAN
Gülsüm ASLAN
27.1.1993
18.4.1994
9.889.102
2.3.1998
21.211.000
6.Fatma ASLAN
Ali ASLAN
Mustafa ASLAN
Muhterem ASLAN
Hüseyin ASLAN
Erdoğan ASLAN
Cemil ASLAN
Kadriye KENGER
Mukadder SERT
Meral ŞAPLI
Yeliz ASLAN
Gülsüm ASLAN
28.7.1993
31.3.1994
42.621.774
26.2.1998
93.607.000
20. Application No.43914/98
Date of introduction: 25 August 1998 - Date of registration: 13 October 1998
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
1.Durmuş KÖSEKARA
Durdu ÖZDEMİR
16.12.1992
27.1.1993
31.1.1994
104.851.832
6.3.1998
245.337.000
2.Duran KURT
Hamdi KURT
Teslime TOKSOY
Nisbet KESKİN
14.9.1992
31.1.1994
80.544.203
9.3.1998
225.577.000
3.Fatma ÜNLÜ
Elif TÜRKMEN
Haydar ÜNLÜ
Müzeyyen SARGIN
Mehmet ÜNLÜ
Hüseyin ÜNLÜ
Rüştü ÜNLÜ
11.10.1994
23.10.1995
208.228.385
6.3.1998
405.165.000
4.Meryem ÇAKMAK
24.8.1995
3.2.1997
31.451.700.000
2.3.1998
53.912.692.000
21. Application No. 43144/98
Date of introduction: 6 August 1998 - Date of registration: 27 August 1998
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
1.Ahmet GÖKNUR
13.10.1992
17.2.1995
44.000.000
18.2.1998
111.716.000
2.Raziye ŞİMŞEK
(ORDUKAYA)
27.7.1993
13.4.1995
7.587.367
2.3.1998
16.033.000
3.Ali ZEBUN
Zekiye ZEBUN
(DİNGİL)
Zeynep ZEBUN
(DİNGİL)
Mehmet ZEBUN
Senise ZEBUN
Nuriye ZEBUN
Ayşe Gül ZEBUN
Zekiye ZEBUN
Ali Nazım ZEBUN
Erdal Eren ZEBUN
Eylem ZEBUN
21.6.1994
9.10.1995
1.365.000.000
18.2.1998
2.641.389.000
22. Application No. 43146/98
Date of introduction: 10 August 1998 - Date of registration: 28 August 1998
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
1.Mehmet YALÇIN
16.9.1992
20.10.1994
29.282.700
26.2.1998
19.547.000
2.Mahir KORKMAZ
Sakine EREN
Nuray SATIRCI
Hatice TANRIGÜNVER
Hilmi Şefik KORKMAZ
Hüsnü BUHUR
Hikmet BUHUR
Birsen EROL
Kudret KOSTA
Nihal ERKILINÇ
Afife GÜNEŞ
Seher NACAR
Behice KISMETLİ
Mukadder PATIR
Zahit KORKMAZ
Hilmi A. KORKMAZ
F. Aysünnü KISMETLİ
Fethiye KORKMAZ
Zeliha KAÇAR
Sinan KORKMAZ
Zeliha KORKMAZ
Fatma KORKMAZ
Ergün KORKMAZ
Erdal KORKMAZ
Sıtkı KORKMAZ
Nuriye DURNA
Tayip KORKMAZ
Hilmi KORKMAZ
7.10.1992
7.11.1994
32.882.751
11.2.1998
76.459.000
3.Mahir KORKMAZ
Sakine EREN
Nuray SATIRCI
Hatice TANRIGÜNVER
Hilmi Şefik
KORKMAZ
Hüsnü BUHUR
Hikmet BUHUR
Birsen EROL
Kudret KOSTA
Nihal ERKILINÇ
Afife GÜNEŞ
Seher NACAR
Behice KISMETLİ
Mukadder PATIR
Zahit KORKMAZ
Hilmi A. KORKMAZ
F.Aysünnü KISMETLİ
Fethiye KORKMAZ
Zeliha KAÇAR
Sinan KORKMAZ
Zeliha KORKMAZ
Fatma KORKMAZ
Ergün KORKMAZ
Erdal KORKMAZ
M. Sıtkı KORKMAZ
Nuriye DURNA
Tayip KORKMAZ
Hilmi KORKMAZ
15.10.1992
7.11.1994
106.124.444
11.2.1998
250.255.000
4.Kerem BALIKÇIOĞLU
17.2.1993
30.3.1995
10.374.000
26.2.1998
23.516.000
5.Sultan KAPLAN
Ayşe KAPLAN
Fatma TURGUT
Havva Kaya ASLAN
İsa KAYA
25.11.1991
21.6.1993
15.881.800
26.2.1998
42.346.000
23. Application No. 43148/98
Date of introduction: 10 August 1998 - Date of registration: 28 August 1998
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
1.Ali ERKÖSE
Saniye ŞAHİN
Nurten N.YENER
Remziye ERKÖSE
Gülten ÇAKIR
Rahime ENÜCÜR
Abdulrezak ERKÖSE
Ertugrul ERKÖSE
20.3.1992
21.3.1994
39.302.775
12.2.1998
102.208.000
2.Ali ERKÖSE
Saniye ŞAHİN
Nurten N. YENER
Remziye ERKÖSE
Gülten ÇAKIR
Rahime ENÜCÜR
Abdulrezak ERKÖSE
Ertuğrul ERKÖSE
5.2.1992
24.5.1993
42.695.028
12.2.1998
108.689.000
3.Cemile ŞEKER
(CİVELEK)
Hamit CİVELEK
Emine ÖZŞİRECİ
(CİVELEK)
Yeter CİVELEK
27.1.1993
18.4.1994
10.450.480
26.2.1998
24.440.000
4.Ali KÜTÜK
11.3.1992
25.5.1993
26.171.100
26. 2.1998
71.630.000
5.Mehmet KAPLAN
Hanife KURTOĞLU
Mümin KAPLAN
Ali KAPLAN
Duran M. KAPLAN
Sultan KAPLAN
11.11.1992
5.6.1995
91.252.581
11.2.1998
227.241.000
24. Application No. 43151/98
Date of introduction: 17 August 1998 - Date of registration: 28 August 1998
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
1.Kara Mehmet AYDIN
4.8.1993
2.10.1995
5.702.260
6.3.1998
12.304.000
2.Ali KÜTÜK
11.3.1992
28.6.1993
5.576.050
6.3.1998
16.673.000
3.Ali KÜTÜK
11.3.1992
28.6.1993
13.162.950
6.3.1998
35.868.000
4.Hatice KARABOĞAZ
Gülsan MUTLU
Ali GENÇ
Abdurrahman GENÇ
Osman GENÇ
Fazilet DÖŞLÜ
3.6.1992
22.11.1993
13.617.656
2.3.1998
34.298.000
5.Halil BORA
27.6.1992
03.10.1994
8.159.250
2.3.1998
14.376.000
6.Cabbar YILMAZ
14.8.1992
24.2.1994
13.683.238
2.3.1998
31.662.000
25. Application No. 44286/98
Date of introduction: 15 September 1998 - Date of registration: 10 November 1998
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
1.Kara Mehmet AYDIN
22.1.1992
5.12.1994
131.196.280
17.3.1998
384.524.000
26. Application No. 53840/00
Date of Introduction: 17 September 1999 - Date of Registration: 12 January 2000
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
1.Ali ERKAN
25.5.1995
21.5.1998
216.341.000
3.5.1999
531.334.000
2.Ayşe ÖZBEK
15.12.1995
28.04.1998
251.165.000
03.05.1999
554.945.000
27. Application No. 53858/00
Date of introduction: 17 September 1999 - Date of registration: 12 January 2000
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
1.Nesrin ÖZYURT
Ahmet ÖZYURT
Nurettin ÖZYURT
Cengiz ÖZYURT
İsmet ÖZYURT
Tevhide YILMAZ
Mehmet ÖZYURT
22.11.1996
13.4.1998
18.843.980.000
23.3.1999
36.242.471.000
28. Application No. 54527/00
Date of introduction: 28 October 1999 - Date of registration: 1 February 2000
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
Tevfik SÖYLEMEZ
21.8.1997
1.6.1998
53.863.750.000
13.5.1999
96.181.214.000
29. Application No. 54546/00
Date of introduction: 12 November 1999 - Date of registration: 1 February 2000
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
Fuat YILMAZ
19.6.1996
1.6.1998
4.672.673.000
14.5.1999
9.926.305.000
30. Application No. 54547/00
Date of introduction: 16 November 1999 - Date of registration: 1 February 2000
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
Recep KARAKIŞLI
28.8.1996
1.6.1998
3.518.108.000
14.5.1999
7.271.854.000
31. Application No. 54548/00
Date of introduction: 12 November 1999 - Date of registration: 1 February 2000
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
Kamil YILMAZ
17.7.1996
01.6.1998
2.328.000.000
14.5.1999
4.921.915.000
32. Application No. 54549/00
Date of introduction: 12 November 1999 - Date of registration: 1 February 2000
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
Yıldız DİGİLİ
15.10.1996
1.6.1998
2.776.950.000
14.5.1999
5.598.485.000
33. Application No. 54550/00
Date of introduction: 12 November 1999 - Date of registration: 1 February 2000
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
Celal ÇAKMAK
8.5.1996
1.6.1998
3.415.815.000
14.5.1999
7.384.980.000
34. Application No. 54551/00
Date of introduction: 12 November 1999 - Date of registration: 1 February 2000
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
Hatice İMREN
11.9.1996
1.6.1998
3.424.950.000
14.5.1999
7.068.942.000
35. Application No. 54552/00
Date of introduction: 12 November 1999 - Date of registration: 1 February 2000
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
Ömer BATAN
26.6.1996
1.6.1998
2.378.550.000
14.5.1999
5.073.746.000
36. Application No. 54553/00
Date of introduction: 5 November 1999 - Date of registration: 1 February 2000
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
Ramazan CİVELEK
Elife CİVELEK
22.11.1995
1.6.1998
2.175.143.560
13.5.1999
5.243.249.000
37. Application No. 54554/00
Date of introduction: 5 November 1999 - Date of registration: 1 February 2000
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
Güllü ALTUNKAYNAK
Fikri ALTUNKAYNAK
Adnan ALTUNKAYNAK
Fehmi ALTUNKAYNAK
Atila ALTUNKAYNAK
Ersoy ALTUNKAYNAK
Türkan ALTUNKAYNAK
Yurdakul ALTUNKAYNAK
9.10.1996
2.6.1998
10.395.375.000
13.5.1999
22.033.963.000
38. Application No. 54555/00
Date of introduction: 5 November 1999 - Date of registration: 1 February 2000
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
Ümmü BOZ
Şengül ERDOĞAN
Akif BOZ
Şenel BOZ
Zeynep ŞEN
İlker BOZ (under the guardianshıp of İmran BOZ)
24.9.1996
1.6.1998
18.200.000.000
14.5.1999
37.552.666.000
39. Application No. 54556/00
Date of introduction: 5 November 1999 - Date of registration: 1 February 2000
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
Yılmaz GÜRSOY
Meryem EROL
7.3.1995
28.4.1998
92.417.598
12.5.1999
233.313.000
40. Application No. 54557/00
Date of introduction: 5 November 1999 - Date of registration: 1 February 2000
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
Mustafa GÜVEN
Süleyman GÜVEN
İsmet GÜVEN
Hayrettin GÜVEN
Mediha TÜMKAYA
Yasemin ASLAN
Nesuha GÜL
14.8.1996
15.6.1998
178.241.130.000
12.5.1999
380.280.826.000
41. Application No. 54558/00
Date of introduction: 29 November 1999 - Date of registration: 1 February 2000
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
1.Hatice DİNGİL
Alper D. DİNGİL
Mustafa DİNGİL
Musa S. DİNGİL
Şerife A. DİNGİL
10.4.1996
29.6.1998
3.729.577.000
4.6.1999
8.316.281.000
2.Esme YILDIRIM
17.4.1996
29.6.1998
2.091.000.000
4.6.1999
4.927.262.000
3.Gökşen ÖZ
31.7.1996
15.6.1998
2.368.000.000
4.6.1999
5.103.021.000
4.Kadriye AVCI
Dilek AVCI (GÜR)
Mehmet AVCI
Fuat ÖZME
10.7.1996
1.6.1998
3.471.600.000
4.6.1999
7.570.161.000
42. Application No. 54582/00
Date of introduction: 5 November 1999 - Date of registration: 2 February 2000
NAMES OF THE
APPLICANTS
DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN
(from 1.1.1998 the statutory rate of interest was increased to 50%)
DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in Turkish Liras)
DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM
(in Turkish Liras)
Hatice CİVELEK
Kaber C. CİVELEK
Mehmet CİVELEK
Elife SARI
Ümmü CİVELEK
Mustafa CİVELEK
Hamit CİVELEK
Cemile ŞEKER
Yeter CİVELEK
Emine ÖZŞİRECİ
Abdülhamit CİVELEK
Mahmut CİVELEK
29.11.1995
1.6.1998
490.892.783
13.5.1999
1.217.116.000
B.Relevant domestic law and practice
1.The Constitution
The relevant part of Article 46 of the Constitution, relating to expropriations, provides:
“... Compensation for expropriation shall be paid immediately and in cash... If deferred payment is permitted by statute ... interest for delay at the maximum rate laid down for State debts shall be payable on the part that is not paid immediately...”
At the material time the rate of interest for delay payable on debts owed to the State was 7% per month (84% per annum) (section 51 of Law no. 6183 on the collection of debts due to the State and Cabinet Ordinance no. 89/14915).
2.Law no. 3095 of 4 December 1984
Under Law no. 3095 the rate of interest on overdue State debts was set at 30% per annum. From 1 January 1998 the statutory rate of interest increased to 50% and remains at that figure.
C.Economic factors
High and variable inflation has been a central feature of Turkish economy since the 1970s. Inflation in Turkey accelerated throughout the 1970s to a high of around 100% in 1980. The implementation of a stabilisation programme saw a sharp drop in inflation to some 30% around the early 1980s. This was soon reversed as inflation trended upwards from the mid-1980s, reaching a peak of 120% in 1994 with a currency crisis. Between the years 1989 to 1993 which was a pre-crisis period, the inflation rate stayed around 60%. After the crisis, the inflation rate moved to an upper plateau in the 80% range. Inflation started to drop to the 60% range starting in 1998 mainly due to the fiscal adjustment programme launched by the Government. (Central Bank of Turkish Republic Inflation Report 2000)
The effects of inflation in Turkey are indicated in the lists of the consumer price index published by the State Institute of Statistics. According to the consumer prices, the average inflation in Turkey was 81.72% between 1993 and 1999.
COMPLAINTS
1.The applicants all allege that the rate of interest applied to the calculation of the additional compensation granted to them for the expropriation of their land was too low. They also complain about the delays in obtaining the additional compensation. In this regard all the applicants invoke Article 1 of Protocol No. 1 to the Convention and, with the exception of applicants Abdi Sarı, Ali Yüksel, Ali Çınar, Durmuş Ali Aktaş, Hatice Kaya, Abdurrahman Şimşek[*] and Duran Ali Sarı, they also invoke Article 6 of the Convention.
2.The applicants further complain under Article 1 of Protocol No. 1 to the Convention that the initial amount of compensation that was paid when the expropriation took place was too low.
THE LAW
1.The applicants allege that the rate of interest applied to the calculation of the additional compensation granted to them for the expropriation of their land was too low and that they only obtained that compensation after considerable delay. The applicants invoke Article 1 of Protocol No. 1 to the Convention, which states:
“Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.
The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.”
The Court considers that it cannot, on the basis of the case file, determine the admissibility of this complaint and that it is therefore necessary, in accordance with Rule 54 § 3 (b) of the Rules of Court, to give notice of this part of the application to the respondent Government.
2.With the exception of Abdi Sarı, Ali Yüksel, Ali Çınar, Durmuş Ali Aktaş, Hatice Kaya, Abdurrahman Şimşek[*] and Duran Ali Sarı, the applicants all allege that the authorities’ delay in paying them the additional compensation also violated their rights under Article 6 of the Convention, which provides as relevant:
“In the determination of his civil rights and obligations ..., everyone is entitled to a ... hearing within a reasonable time by [a] ... tribunal...”
The Court considers that it cannot, on the basis of the case file, determine the admissibility of this complaint and that it is therefore necessary, in accordance with Rule 54 § 3 (b) of the Rules of Court, to give notice of this part of the application to the respondent Government.
3.The applicants further complain under Article 1 of Protocol No. 1 to the Convention that the initial amount of compensation that was paid when the expropriation took place was too low.
The Court observes that the initial amount of compensation was paid to each applicant sometime between June 1991 and December 1995, the exact date depending on the date of expropriation of their respective plots of land. By seeking additional compensation before the domestic courts, the applicants challenged the level of the initial amount and obtained rulings that they were each entitled to increased compensation. The rulings of the Court of Cassation mark the final decisions on the applicants’ complaints about the low-level of compensation initially awarded.
Quite apart from the fact that is not for the Court to rule on the valuation of each plot of land carried out by the committee of experts (see the Akkuş v. Turkey judgment of 9 July 1997, Reports of Judgments and Decisions 1997-IV, p. 1307, § 28), it is to be noted that the decisions of the Court of Cassation were rendered more than six months before the date of introduction of the individual applications. The applicants’ complaints under this head are therefore time-barred.
It follows that since these complaints are introduced out of time they must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.
For these reasons, the Court, unanimously,
DECIDES TO JOIN the applications for the purposes of communication;
DECIDES TO ADJOURN the examination of the applicants’ complaints concerning the authorities’ delay in paying them additional compensation and its effect on the value of the additional compensation;
DECLARES INADMISSIBLE the remainder of the applicants’ complaints.
Michael O’BoyleElisabeth Palm
RegistrarPresident
[*] The applicant, Abdurrahman Şimşek has three applications registered under files No. 42541/98 and No. 42544/98. The applicant does not invoke Article 6 of the Convention in only one of his applications registered under file No. 42541/98 that appears in the first row of the table concerning the subject file.
[*] The applicant, Abdurrahman Şimşek has three applications registered under files No. 42541/98 and No. 42544/98. The applicant only invokes Article 6 of the Convention in one of his applications registered under Application No. 42541/98 as referred to in the first row of the relevant table.
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