THIRD SECTION
FINAL DECISION
Application no. 42781/98
by Sultan SÖNMEZ and Others
against Turkey
The European Court of Human Rights (Third Section), sitting on 22 January 2004 as a Chamber composed of:
MrG. Ress, President,
MrI. Cabral Barreto,
MrL. Caflisch,
MrP. Kūris,
MrR. Türmen,
MrB. Zupančič,
MrsM. Tsatsa-Nikolovska, judges,
and Mr V. Berger, Section Registrar,
Having regard to the above application lodged with the European Commission of Human Rights on 25 June 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 11 November 2003 respectively,
Having deliberated, decides as follows:
THE FACTS
The applicants, Ms Sultan Sönmez (Bakır), Mr Mustafa Akdeniz, Mr Hasan Akdeniz and Ms Döne Yıldırım, are Turkish nationals. By a letter dated 27 August 2001 the applicants’ representatives informed the Court that the applicant Ms Döne Yıldırım had died on an unspecified date and that her heirs, Mr Ahmet Yıldırım, Mr Hasan Yıldırım, Ms Fatma Yıldırım (Kaya), Mr Niyaza Yıldırım, Ms Zeynep Yıldırım, Mr Sabahattin Yıldırım, Ms Sultan Yıldırım and Ms Bediha Yıldırım, wished to pursue her application. The applicants are represented before the Court by Mr A. Akıllıoğlu, Mr M. Nerse 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 Tarsus 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 decision of the first instance court. In January 1998 the due amounts were paid to the applicants.
Details 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 AKDENİZ
21.10.1993
11.12.1995
38,836,500,000
05.01.1998
2. Hasan AKDENİZ
21.10.1993
11.12.1995
40,507,000,000
08.01.1998
3. Ahmet YILDIRIM
Hasan YILDIRIM
Fatma YILDIRIM (KAYA)
Niyaza YILDIRIM
Zeynep YILDIRIM
Sabahattin YILDIRIM
Sultan YILDIRIM
Bediha YILDIRIM
14.09.1995
20.01.1997
7,990,000,000
05.01.1998
4. Sultan SÖNMEZ (BAKIR)
20.07.1993
05.02.1996
22,306,200,000
05.01.1998
COMPLAINTS
The applicants allege that the rate of interest applied in the calculation of the additional compensation for expropriation was too low. They further complain of the delays in obtaining their compensation. They rely on 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 declarations from the Government:
“Declaration (1)
I declare that the Government of Turkey offer to pay 638,000 (six hundred and thirty eight thousand) euros to Mr Mustafa Akdeniz, Mr Hasan Akdeniz, heirs of Ms Döne Yıldırım (Mr Ahmet Yıldırım, Mr Hasan Yıldırım, Ms Fatma Yıldırım (Kaya), Mr Niyaza Yıldırım, Ms Zeynep Yıldırım, Mr Sabahattin Yıldırım, Ms Sultan Yıldırım, Ms Bediha Yıldırım) and Ms Sultan Sönmez (Bakır) with a view to securing a friendly settlement of the application registered under no. 42781/98. This sum shall cover any pecuniary and non-pecuniary damage as well as costs and will be divided up as follows:
Mr Mustafa Akdeniz260,000 EUR
Mr Hasan Akdeniz270,000 EUR
Heirs of Ms Döne Yıldırım
Mr Ahmet Yıldırım, Mr Hasan Yıldırım, Ms Fatma Yıldırım (Kaya), Mr Niyaza Yıldırım, Ms Zeynep Yıldırım, Mr Sabahattin Yıldırım, Ms Sultan Yıldırım, Ms Bediha Yıldırım 13,000 EUR
Ms Sultan Sönmez (Bakır)95,000 EUR
319,000 (three hundred and nineteen thousand) euros of this sum, which corresponds to half of the whole sum agreed upon, will be payable within three months from the date of the decision by the Court pursuant to Article 37 § 1 a) and c) of the European Convention on Human Rights. 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 Government further agree to pay the remaining 319,000 (three hundred and nineteen thousand) euros within six months following the decision by the Court pursuant to Article 37 § 1 a) and c) of the European Convention on Human Rights. This sum shall also be paid in euros to a bank account named by the applicants, free of any taxes and charges that may be applicable.
Ankara, 11 November 2003”
“Declaration (2)
I declare that the Government of Turkey offer to pay 638,000 (six hundred and thirty eight thousand) euros to Mr Mustafa Akdeniz, Mr Hasan Akdeniz, heirs of Ms Döne Yıldırım (Mr Ahmet Yıldırım, Mr Hasan Yıldırım, Ms Fatma Yıldırım (Kaya), Mr Niyaza Yıldırım, Ms Zeynep Yıldırım, Mr Sabahattin Yıldırım, Ms Sultan Yıldırım, Ms Bediha Yıldırım) and Ms Sultan Sönmez (Bakır) with a view to securing a friendly settlement of the application registered under no. 42781/98. This sum shall cover any pecuniary and non-pecuniary damage as well as costs and will be divided up as follows:
Mr Mustafa Akdeniz260,000 EUR
Mr Hasan Akdeniz270,000 EUR
Heirs of Ms Döne Yıldırım
Mr Ahmet Yıldırım, Mr Hasan Yıldırım, Ms Fatma Yıldırım (Kaya), Mr Niyaza Yıldırım, Ms Zeynep Yıldırım, Mr Sabahattin Yıldırım, Ms Sultan Yıldırım, Ms Bediha Yıldırım 13,000 EUR
Ms Sultan Sönmez (Bakır)95,000 EUR
319,000 (three hundred and nineteen thousand) euros of this sum, which corresponds to half of the whole sum agreed upon, will be payable within three months from the date of the decision by the Court pursuant to Article 37 § 1 a) and c) of the European Convention on Human Rights. 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 Government further agree to pay the remaining 319,000 (three hundred and nineteen thousand) euros within six months following the decision by the Court pursuant to Article 37 § 1 a) and c) of the European Convention on Human Rights. This sum shall also be paid in euros to a bank account named by the applicants, free of any taxes and charges that may be applicable.
Ankara, 11 November 2003”
The Court received the following declaration signed by one of the representatives of the applicants:
I note that the Government of Turkey are prepared to pay the sum of 1,276,000 (one million two hundred and seventy-six thousand) euros covering pecuniary and non-pecuniary damage and costs to Mr Mustafa Akdeniz, Mr Hasan Akdeniz, heirs of Ms Döne Yıldırım (Mr Ahmet Yıldırım, Mr Hasan Yıldırım, Ms Fatma Yıldırım (Kaya), Mr Niyaza Yıldırım, Ms Zeynep Yıldırım, Mr Sabahattin Yıldırım, Ms Sultan Yıldırım, Ms Bediha Yıldırım) and Ms Sultan Sönmez (Bakır)[1] and with a view to securing a friendly settlement of application no. 42781/98 pending before the Court. This sum will be divided up as follows:
Mr Mustafa Akdeniz520,000 EUR
Mr Hasan Akdeniz540,000 EUR
Heirs of Ms Döne Yıldırım
Mr Ahmet Yıldırım, Mr Hasan Yıldırım, Ms Fatma Yıldırım (Kaya), Mr Niyaza Yıldırım, Ms Zeynep Yıldırım, Mr Sabahattin Yıldırım, Ms Sultan Yıldırım, Ms Bediha Yıldırım 26,000 EUR
Ms Sultan Sönmez(Bakır)190,000 EUR
I also note that 638,000 (six hundred and thirty-eight thousand) euros of this sum will be payable within three months from the date of the decision by the Court pursuant to Article 37 § 1 a) and c) of the European Convention on Human Rights and the remaining 638,000 (six hundred and thirty-eight thousand) euros within six months following this decision.
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.
Mersin, 9 September 2002”
After informing the Government, the Court took into consideration the applicant’s representative’s request of 9 September 2002 to add an applicant’s maiden name and to add the names of the deceased applicant’s heirs the above declarations.
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 application from other applications;
Decides to strike the application out of its list of cases.
Vincent BergerGeorg Ress
RegistrarPresident
[1] Taking into consideration the letter sent by the applicant’s representative on 9 September 2002, the name of one of the applicants, namely Sultan Sönmez (Bakır), has been corrected. Furthermore the name of the heirs of the deceased applicant, Ms Döne Yıldırım, have been added.
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