Resolution CM/ResDH(2009)28[1]
Execution of the judgments of the European Court of Human Rights
in 20 cases concerning delays by the administration in paying additional compensation for expropriation against Turkey
(see details in Appendix)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);
Having regard to the judgments transmitted by the Court to the Committee once they had become final;
Recalling that the violation of the Convention found by the Court in these cases concerns delays in payment of additional compensation for expropriation and the insufficient rate of default interest applicable (violations of Article 1 of Protocol No. 1);
Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with Turkey’s obligation under Article 46, paragraph 1, of the Convention to abide by the judgments;
Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that, within the time-limit set, the respondent state paid the applicants the just satisfaction provided in the judgments (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent state, where appropriate, of
- individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- general measures preventing similar violations;
Having examined the measures taken by the respondent state to that effect;
Whereas during the examination of the cases by the Committee of Ministers, the government of the respondent state recalled that measures had already been taken to avoid new violations of the same kind (see Resolutions ResDH(2001)70 and ResDH(2001)71 in the cases Aka and Akkuş against Turkey, respectively), in particular through the entry into force on 1 January 2000 of Law No. 4489, which brought the statutory rate of default interest into line with the annual rediscount rate applied by the Turkish Central Bank to short-term debts (the latter rate is fixed and permanently reviewed, taking into account particularly the country’s inflation rate), and indicated that the Court’s judgments had been sent out to the authorities directly concerned,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and
DECIDES to close the examination of these cases.
Appendix to Resolution CM/ResDH(2009)28
Information about the measures to comply with the judgment in the case of 20 cases concerning delays by the administration in paying additional compensation for expropriation against Turkey
Details of cases
Name of the case and application No.
Date of judgment
Final on
Pecuniary damage
Costs and expenses
Date of payment
ARSLANER
23903/02
24/05/2007
24/08/2007
10 500 €
-
15/11/2007
AYDIN AND ŞENGÜL
75845/01
03/05/2007
03/08/2007
-
-
-
Can and others
29189/02
24/01/2008
24/04/2008
32 148 €
-
04/07/2008
ERBAKAN
32153/03
20/09/2007
20/12/2007
5 292 €
2 000 €
17/03/2008
Erdem and others
82/02
08/01/2008
08/04/2008
208 500 €
-
26/06/2008
ILGUN and others
57399/00
29/11/2007
29/02/2008
2 165 €
2 500 €
26/05/2008
KARAKAS
33452/02
13/12/2007
13/03/2008
23 700 €
-
29/05/2008
KAYA and others
56370/00
20/11/2007
20/02/2008
9 430 €
1 230 €
16/05/2008
KIZIR and others
117/02
26/06/2007
12/11/2007
7 700 €
-
12/02/2008
Korkmaz
35758/03
24/01/2008
24/04/2008
1 385 €
-
25/06/2008
KURKCU and others
7142/02
24/10/2006
24/01/2007
23 245 €
1 000 €
24/04/2007
GUNDUZ Memetali
27633/02
10/08/2006
12/02/2007
13 671 €
1 000 €
11/05/2007
MUTLU
8006/02
10/10/2006
12/02/2007
6 400 €
500 €
11/05/2007
ONEL
9292/02
21/09/2006
12/02/2007
41 000 €
-
11/05/2007
Sarıpınar
42756/04+
24/01/2008
24/04/2008
12 400 €
-
03/07/2008
SEVER
9879/02
20/11/2007
20/02/2008
62 175 €
-
14/05/2008
TOPKAYA
72317/01
05/12/2006
05/03/2007
44 600 €
1 000 €
04/06/2007
YALMAN and TURKMEN
23914/02
24/05/2007
24/08/2007
6 500 €
1 000 €
14/11/2007
YARDIMCI and others
5605/02
20/11/2007
20/02/2008
116 790 €
-
15/05/2008
YENER
62633/00
05/12/2006
05/03/2007
4 165 €
500 €
04/06/2007
[1] Adopted by the Committee of Ministers on 9 January 2009 at the 1043rd meeting of the Ministers’ Deputies
Full & Egal Universal Law Academy