THIRD SECTION
DECISION
Application no. 67491/01
by İrfan and Mehmet TOMBAK
against Turkey
The European Court of Human Rights (Third Section), sitting on 28 February 2002 as a Chamber composed of
MrG. Ress, President,
MrI. Cabral Barreto,
MrL. Caflisch,
MrP. Kūris,
MrR. Türmen,
MrJ. Hedigan,
MrsH.S. Greve, judges,
and Mr V. Berger, Section Registrar,
Having regard to the above application lodged on 8 May 1998,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,
Having regard to the formal declarations accepting a friendly settlement of the case submitted by the Government and the applicants on 15 January 2002 and 8 November 2001 respectively,
Having deliberated, decides as follows:
THE FACTS
The applicants, İrfan Tombak and Mehmet Tombak, are Turkish nationals, and they both reside in Istanbul. They are represented before the Court by Mr Sarıkaya, a lawyer practising in Ankara.
The facts of the case, as submitted by the applicants, may be summarised as follows.
In 1990, the General Directorate of National Roads and Highways (Devlet Karayolları Genel Müdürlüğü), a state body responsible, inter alia, for motorway construction, expropriated a plot of land belonging to the applicants in Ankara in order to build the Ankara Central Motorway. A committee of experts assessed the value of the plot of land belonging to the applicants and this amount was paid to them when the expropriation took place. Following the applicants’ requests for increased compensation, on 28 November 1994 the Ankara Civil Court of General Jurisdiction awarded them additional compensation plus an interest at the statutory rate of 30 % per annum. This decision was upheld by the Court of Cassation on 9 October 1995 and the due amount was paid to the applicant on 4 February 1998.
All the details as to the date of final decision by the Court of Cassation, the amount of additional compensation and the date and amount of payment are indicated in the table below.
DATE OF FINAL DECISION DELIVERED BY THE COURT OF CASASATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION (INTERESTS AND LEGAL COSTS ARE NOT INCLUDED)
(In Turkish liras)
DATE OF PAYMENT
AMOUNT OF PAYMENT (INCLUDING STATUTORY INTEREST AT THE RATE OF 30 % PER ANNUM AND COSTS)
(in Turkish liras)
09.10.1995
3,273,600,000
04.02.1998
8,597,364,000
COMPLAINT
The applicants complain under Article 1 of Protocol No. 1 to the Convention that at a time when the annual rate of inflation in Turkey had been very high, they had been paid insufficient interest on additional compensation received following the expropriation of their land and the authorities had delayed in paying them the relevant amounts.
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 50,500 (fifty thousand five hundred) United States dollars to Mr İrfan Tombak and Mr Mehmet Tombak with a view to securing a friendly settlement of the application registered under no. 67491/01. This sum shall cover any pecuniary and non-pecuniary damage as well as costs.
25,250 (twenty-five thousand two hundred and fifty) US dollars of this sum, which corresponds to half of the whole sum agreed upon, will be payable within three months from the date of delivery of the decision by the Court pursuant to the Article 39 of the European Convention on Human Rights. This sum shall be paid in US Dollars 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 25,250 (twenty-five thousand two hundred and fifty) US dollars within six months following notification of the decision by the Court pursuant to Article 39 of the European Convention on Human Rights. This sum shall also be paid in US Dollars to a bank account named by the applicants, free of any taxes and charges that may be applicable. This payment will constitute the final resolution of the case...”
The Court received the following declaration from the representative of the applicants:
“I note that the Government of Turkey are prepared to pay the sum of 50,500 (fifty thousand five hundred) United States dollars covering pecuniary and non-pecuniary damage and costs to Mr İrfan Tombak and Mr Mehmet Tombak with a view to securing a friendly settlement of application no. 67491/01 pending before the Court.
I also note that the payment of the sum will be paid in the following conditions: 25,250 (twenty-five thousand two hundred and fifty) US dollars within three months from the date of delivery of the decision by the Court pursuant to the Article 39 of the European Convention on Human Rights and 25,250 (twenty-five thousand two hundred and fifty) US dollars within six months from the date of notification of this decision.
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...”
The Court takes note of the agreement reached between the parties within the meaning of Article 39 of the Convention. 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 strike the application out of its list of cases.
Vincent BergerGeorg Ress
RegistrarPresident
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