Resolution CM/ResDH(2007)105[1]
Execution of the judgments of the European Court of Human Rights
in 22 cases concerning the administration's delay
in payment of 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 to the Committee by the Court 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 the respondent state paid the applicants the just satisfactions 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(2007)105
Details of cases
Name of the case and application No.
Date of judgment
Final on
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Date of payment
BAKIR Fatma
76603/01
13/06/06
13/09/06
4 334 €
-
1 000 €
06/12/06
ÇAĞLAR and others
57647/00
13/06/06
13/09/06
36 772 €
-
1 000 €
12/12/06
DOLGUN
67255/01
13/06/06
13/09/06
1 310 €
-
35 €
08/12/06
ERGÜN
45807/99
13/06/06
13/09/06
45 000 €
-
1 000 €
08/12/06
ERKAN
12091/03
04/07/06
04/10/06
475 €
-
500 €
26/12/06
KARA and MIDILLI
76498/01
13/06/06
13/09/06
43 665 €
-
1 000 €
06/12/06
KAVRAROĞLU and others
76698/01
13/06/06
13/09/06
13 140 €
-
1 000 €
21/12/06
KÖKMEN Mehmet No. 2
903/03
30/05/06
30/08/06
12 000 €
-
-
17/11/06
KÜÇÜK Mehmet
75728/01
20/06/06
20/09/06
6 597 €
-
1 000 €
08/12/06
KUR
43389/98
23/03/06
13/09/06
1 260 €
-
1 000 €
12/12/06
KUTLU
65914/01
04/07/06
04/10/06
26 490 €
-
1 000 €
26/12/06
MUSTAFA YILDIRIM
76719/01
13/06/06
13/09/06
13 406 €
-
1 000 €
06/12/06
OKUR
76567/01
13/06/06
13/09/06
8 997 €
-
1 000 €
06/12/06
SARI Yusuf
76797/01
13/06/06
13/09/06
2 794 €
-
1 000 €
06/12/06
TĺTĺZ and others
67144/01
13/06/06
13/09/06
1 280 €
-
35 €
08/12/06
TOPAKGÖZ
76481/01
13/06/06
13/09/06
2 344 €
-
1 000 €
06/12/06
TULUMBACI and others
76571/01
13/06/06
13/09/06
2 735 €
-
1 000 €
06/12/06
UYANIK
49514/99
04/07/06
04/10/06
20 700 €
-
500 €
26/12/06
UYANIK Kamile
12087/03
04/07/06
04/10/06
3 460 €
-
500 €
26/12/06
YALÇINKAYA
14788/03
30/05/06
30/08/06
14 500 €
-
500 €
17/11/06
YAYABAŞĺ
12083/03
04/07/06
04/10/06
4 480 €
-
500 €
26/12/06
YILMAZ Mehmet
12068/03
04/07/06
04/10/06
11 055 €
-
500 €
26/12/06
[1] Adopted by the Committee of Ministers on 20 June 2007 at the 997th meeting of the Ministers’ Deputies.
Full & Egal Universal Law Academy