CEDH · CASELAW;DECISIONS;ADMISSIBILITY;ENG — 27 mai 2004

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text-align:left; page-break-inside:avoid; page-break-after:avoid } .sDFF9B1EC { width:27.55pt; display:inline-block } .sCE1E12A0 { width:214.15pt; display:inline-block } .sDEA786DA { width:210.67pt; display:inline-block } THIRD SECTION FINAL DECISION Application no. 42145/98 by Fethi ERDAŞ and others against Turkey The European Court of Human Rights (Third Section), sitting on 27   May   2004 as a Chamber composed of:   Mr   G. Ress , President ,   Mr   B. Zupančič ,   Mr   J. Hedigan ,   Mrs   M. Tsatsa-Nikolovska ,   Mrs   H.S. Greve ,   Mr   K. Traja ,   Mrs   A. Gyulumyan, judges , and Mr M. Villiger , Deputy Section Registrar , Having regard to the above application lodged with the European Commission of Human Rights on 21 May 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 8 March 2004 respectively, Having deliberated, decides as follows: THE FACTS The applicants, Mr Fethi Erdaş, Mr Mehmet Sadık Boltaç, Ms   Melek   Balkış, Mr Ahmet Gamğam, Ms Şadiye Dinler, Mr   Hüseyin   Coşğun, Mr Celal Emirler and Mr Yahya Emirler,   are Turkish nationals. They 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 decisions of the first instance courts. In January 1998 the due amounts were paid to the applicants respectively. 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. Fethi Erdaş 14.06.1995 20.05.1996   17,926,370,000 09.01.1998 2. Mehmet Sadık Boltaç     Melek Balkış   21.06.1995   20.05.1996     24,520,800,000   05.01.1998 3. Ahmet Gamğam 14.06.1995 23.05.1996   54,071,815,000 08.01.1998 4. Şadiye Dinler 21.06.1995 23.05.1996     5,243,000,000 12.01.1998 5. Hüseyin Coşğun 14.06.1995 20.05.1996   13,839,480,000 05.01.1998 6. Celal Emirler     Yahya Emirler 05.07.1995   16.05.1996       5,554,790,000 15.01.1998   7. Mehmet Sadık Boltaç     Melek Balkış   14.06.1995     20.05.1996       45,497,280,000     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 invoke Article   6 of the Convention and Article 1 of Protocol No. 1. 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 130,000 (one hundred and thirty thousand) euros to Mr Fethi Erdaş with a view to securing a friendly settlement of the application registered under no. 42145/98. This sum shall cover any pecuniary and non-pecuniary damage as well as costs. 65,000 (sixty-five 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 the Article   37   §   a) and c) of the European Convention on Human Rights. This sum shall be paid in euros to a bank account named by the applicant, free of any taxes and charges that may be applicable. The Government further agree to pay the remaining 65,000 (sixty-five thousand) euros within six months following the decision by the Court pursuant to Article   37   §   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 applicant, free of any taxes and charges that may be applicable. This payment will constitute the final resolution of the case. Ankara, 8 March 2004” “Declaration (2) I declare that the Government of Turkey offer to pay 170,000 (one hundred and seventy thousand) euros to Mr Mehmet Sadık Boltaç and Ms Melek Balkış with a view to securing a friendly settlement of the application registered under no. 42145/98. This sum shall cover any pecuniary and non-pecuniary damage as well as costs. 85,000 (eighty-five 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 the Article   37   §   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 85,000 (eighty-five thousand) euros within six months following the decision by the Court pursuant to Article   37   §   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. This payment will constitute the final resolution of the case. Ankara, 8 March 2004” “Declaration (3) I declare that the Government of Turkey offer to pay 200,000 (two hundred thousand) euros to Mr Ahmet Gamğam with a view to securing a friendly settlement of the application registered under no. 42145/98. This sum shall cover any pecuniary and non-pecuniary damage as well as costs. 100,000 (one hundred 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 the Article   37   §   a) and c) of the European Convention on Human Rights. This sum shall be paid in euros to a bank account named by the applicant, free of any taxes and charges that may be applicable. The Government further agree to pay the remaining 100,000 (one hundred thousand) euros within six months following the decision by the Court pursuant to Article   37   §   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 applicant, free of any taxes and charges that may be applicable. This payment will constitute the final resolution of the case. Ankara, 8 March 2004” “Declaration (4) I declare that the Government of Turkey offer to pay 200,000 (two hundred thousand) euros to Mr Ahmet Gamğam with a view to securing a friendly settlement of the application registered under no. 42145/98. This sum shall cover any pecuniary and non-pecuniary damage as well as costs. 100,000 (one hundred 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 the Article   37   §   a) and c) of the European Convention on Human Rights. This sum shall be paid in euros to a bank account named by the applicant, free of any taxes and charges that may be applicable. The Government further agree to pay the remaining 100,000 (one hundred thousand) euros within six months following the decision by the Court pursuant to Article   37   §   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 applicant, free of any taxes and charges that may be applicable. This payment will constitute the final resolution of the case. Ankara, 8 March 2004” “Declaration (5) I declare that the Government of Turkey offer to pay 180,000 (one hundred and eighty thousand) euros to Ms Şadiye Dinler, Mr Hüseyin Coşğun, Mr Celal Emirler and Mr Yahya Emirler, with a view to securing a friendly settlement of the application registered under no.   42145/98. This sum shall cover any pecuniary and non-pecuniary damage as well as costs and will be divided up as follows: Ms Şadiye Dinler             40,000 EUR Mr Hüseyin Coşğun         100,000 EUR Mr Celal Emirler, Mr Yahya Emirler         40,000 EUR Furthermore, 90,000 (ninety 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 the Article   37   §   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 90,000 (ninety thousand) euros within six months following the decision by the Court pursuant to Article   37   §   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. This payment will constitute the final resolution of the case. Ankara, 8 March 2004” “Declaration (6) I declare that the Government of Turkey offer to pay 165,000 (one hundred and sixty-five thousand) euros to Mr Mehmet Sadık Boltaç and Ms Melek Balkış with a view to securing a friendly settlement of the application registered under no. 42145/98. This sum shall cover any pecuniary and non-pecuniary damage as well as costs. 82,500 (eighty-two thousand five hundred) 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 the Article   37   §   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 82,500 (eighty-two thousand five hundred) euros within six months following the decision by the Court pursuant to Article   37   §   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. This payment will constitute the final resolution of the case. Ankara, 8 March 2004” “Declaration (7) I declare that the Government of Turkey offer to pay 165,000 (one hundred and sixty-five thousand) euros to Mr Mehmet Sadık Boltaç and Ms Melek Balkış with a view to securing a friendly settlement of the application registered under no. 42145/98. This sum shall cover any pecuniary and non-pecuniary damage as well as costs. 82,500 (eighty-two thousand five hundred) 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 the Article   37   §   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 82,500 (eighty-two thousand five hundred) euros within six months following the decision by the Court pursuant to Article   37   §   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. This payment will constitute the final resolution of the case. Ankara, 8 March 2004”   The Court had 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 1,210,000 (one million two hundred and ten thousand) euros covering pecuniary and non-pecuniary damage and costs to Mr Fethi Erdaş, Mr Mehmet Sadık Boltaç, Ms Melek Balkış, Mr Ahmet Gamğam, Ms Şadiye Dinler, Mr Hüseyin Coşğun [Taking into consideration the letter sent by the applicant's representative on 9   September   2002, the names of two applicants, namely Mr Ahmet Gamğam and Mr   Hüseyin Coşğun, were corrected], Mr Celal Emirler and Mr Yahya Emirler with a view to securing a friendly settlement of application no. 42145/98 pending before the Court. This sum will be divided up as follows: Fethi Erdaş           130,000 EUR Mehmet Sadık Boltaç, Melek Balkış       170,000 EUR Ahmet Gamğam           400,000 EUR Şadiye Dinler             40,000 EUR Hüseyin Coşğun           100,000 EUR Celal Emirler, Yahya Emirler         40,000 EUR Mehmet Sadık Boltaç, Melek Balkış       330,000 EUR I also note that the payment of these sum will be made in the following conditions: Half of the amounts indicated within three months from the date of the decision by the Court pursuant to the Article   37   §   a) and c) of the European Convention on Human Rights and the remaining half within six months from the date 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. Mersin, 9 September 2002” After informing the Government, the Court took into consideration the request made by the applicants' representatives on 9 September 2002 to correct the names of Mr Ahmet Gamğam and Mr   Hüseyin Coşğun. The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). Accordingly, the case should be struck out of the list. 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.   Mark Villiger   Georg Ress Deputy Registrar   President