European Court of Human Rights

Resolution CM/ResDH(2009)106¹

Execution of the judgments of the European Court of Human Rights

13 cases against Turkey

(Application Nos. 75202/01+ (judgments of 11/12/2007, final on 31/03/2008), 73068/01+ (judgments of 17/07/2007, final on 17/10/2007, rectified on 08/08/2008), 33434/02 (judgment of 26/06/2007, final on 26/09/2007), 38883/97 (judgment of 27/05/2004, final on 27/08/2004), 44766/98+ (judgments of 11/10/2005, final on 11/01/2006), 73739/01 (judgment of 04/07/2006, final on 04/10/2006), 46118/99 (judgment of 20/11/2007, final on 20/02/2008, rectified on 17/06/2008), 25984/03 (judgment of 15/01/2008, final on 07/07/2008), 54040/00 (judgment of 24/05/2005, final on 24/08/2005), 51964/99 (judgment of 31/01/2008, final on 07/07/2008), 70289/01 (judgment of 21/07/2005, final on 21/10/2005), 72649/01+ (judgments of 08/04/2008, final on 08/07/2008), 27796/03 (judgment of 04/03/2008, final on 29/09/2008)

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 violations of the Convention found by the Court in these cases concerns late payment of compensation for expropriation and of default interest (violations of Article 1 of Protocol No. 1) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its 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;

DECLARES, having examined the measures taken by the respondent state (see Appendix), 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)106

Information on the measures taken to comply with the judgments in the cases of

13 cases against Turkey

Introductory case summary

These cases concern the violation of the applicants’ right to the peaceful enjoyment of their possessions due to the administration’s delay in paying additional compensation granted by domestic courts for expropriation of their property, and on account of the considerable difference between the rate of default interest applicable at the material time and the average inflation rate in Turkey (violations of Article 1 of Protocol No. 1).

I. Payments of just satisfaction and individual measures

a) Details of just satisfaction

b) Individual measures

Given the just satisfaction awarded in respect of the pecuniary damage sustained by the applicants, no further measure is necessary.

II. General measures

Measures have already been taken to avoid similar violations (See Resolutions ResDH(2001)70 and ResDH(2001)71 closing the Aka and Akkus cases) including in particular the entry into force on 1 January 2000 of Law No. 4489 which aligned the legal rate of default interest with the annual discount rate applied by the Turkish Central Bank to short-term debt (this rate is kept under constant review in the light in particular of the recorded rate of inflation in the country).

III. Conclusions of the respondent state

The government considers that the measures adopted will prevent similar violations and that Turkey has thus complied with its obligations under Article 46, paragraph 1, of the Convention.