Yağci and Others v. Turkey (dec.)

Information Note on the Court’s case-law No. 95

March 2007

Yağci and Others v. Turkey (dec.) - 5974/02

Decision 22.3.2007 [Section III]

Article 37

Article 37-1-b

Matter resolved

Ex gratia payment in respect of pecuniary and non-pecuniary damage caused to the inhabitants of a shanty town by a methane gas explosion at a refuse tip: struck out

A methane explosion, which occurred in a municipal refuse dump next to a shanty town where the applicants were living with their families, caused the death of a number of their relatives. The facts of the case are largely the same as in the case of Öneryıldız v. Turkey ([GC], no. 48939/99, ECHR 2004‑XII). The Criminal Court found that the mayors of the towns concerned were guilty of negligence in connection with the accident and sentenced them to pay symbolic fines, the enforcement of which was suspended. The Administrative Court ordered them to pay sums in respect of non-pecuniary and pecuniary damage. The applicants criticised the authorities for failing to prevent the accident and complained that the legal remedies they had used in the case had been ineffective. They submitted that the length of the proceedings in the Administrative Court had been excessive and further complained of the authorities’ refusal to pay the compensation due. They alleged that their right to respect for their private life had been breached and complained of a violation of their right to the peaceful enjoyment of their possessions. The applicants accepted the Government’s offer with a view to a friendly settlement, consisting of an ex gratia payment of between 15,000 and 26,000 euros per applicant in respect of pecuniary and non-pecuniary damage. Accordingly, it was unnecessary, in terms of respect for human rights as defined in the Convention and the protocols thereto, for the Court to continue the examination of the application: struck out.

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This summary by the Registry does not bind the Court.

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