European Court of Human Rights

SECOND SECTION

DECISION

Application no. 10473/08
Mediha ERTÜRK and others
against Turkey

The European Court of Human Rights (Second Section), sitting on 5 June 2012 as a Committee composed of:

Isabelle Berro-Lefèvre, President,
Guido Raimondi,
Helen Keller, judges,
and Françoise Elens-Passos, Deputy Section Registrar,

Having regard to the above application lodged on 15 January 2008,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

PROCEDURE

A list of the five applicants is set out in the appendix. The applicants were all represented by Mr A. Demirkan.

The Turkish Government (“the Government”) were represented by their Agent.

The application concerns the non-execution of the judgment given in the applicants’ favour in relation to the de facto expropriation of their property and the authorities’ failure to apply the highest interest rate foreseen under Article 46 in fine of the Constitution to such cases. The applicants relied upon Articles 6 § 1 and 13 of the Convention and Article 1 of Protocol no. 1 to the Convention. On 2 November 2011 the application was communicated to the respondent Government.

On 31 October 2011 and 15 March 2012 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Turkey in respect of the facts giving rise to this application against an undertaking by the Government to pay them jointly EUR 1,800 (one thousand eight hundred euros) to cover any and all non-pecuniary damage and EUR 500 (five hundred euros) to cover any and all costs and expenses, which would be converted into Turkish liras at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, from expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The payment will constitute the final resolution of the case.

THE LAW

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 reasons to justify a continued examination of the application.

In view of the above, it is appropriate to strike the case out of the list pursuant to Article 39 of the Convention.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

Françoise Elens-Passos Isabelle Berro-Lefèvre
Deputy Registrar President

APPENDIX

All five applicants are Turkish nationals who live in Bandırma. Their names and birth-years are as follows.

1. Mediha Ertürk was born in 1939

2. Rahim Ertürk was born in 1959

3. İlhan Ertürk was born in 1963

4. Adnan Ertürk was born in 1968

5. Mehmet Ertürk was born in 1975