Resolution CM/ResDH(2011)167

Execution of the judgments of the European Court of Human Rights
11 cases 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 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 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 by the Court in its 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

- of 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(2011)167

Information about the measures to comply with the judgments in 
11 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.	Payment of just satisfaction and individual measures

a) Details of just satisfaction

Case and application number	Judgment of	Final on	Pecuniary damage	Non-pecuniary damage	Costs and expenses	Total	
Senaş Servis Endüstrisi A.Ş., (19520/02)	21/10/2008	06/04/2009	117 175 EUR	-	1000 EUR	118 175 EUR
Paid on 24/06/2009	
Gülşen and others
(54902/00)	3/05/2007	03/08/2007	533 330 EUR	-	-	533 330 EUR
Paid on 31/10/2007	
Bildirici (43227/04)	8/06/2010	08/09/2010	14 200 EUR	-	-	14 200 EUR
Paid on 01/12/2010	
Üçpınar (41479/05)	21/07/2009	21/10/2009	21 700 EUR	-	-	21 700 EUR
Paid on 22/02/2010	
Terece and others (41054/98)	24/10/2006	24/01/2007	173 000 EUR	-	1 500 EUR	174 500 EUR
Paid on 17/12/2007	
Çırak and others (33433/02)	22/07/2008	26/01/2009	10 557 EUR	-	-	10557 EUR
Paid on 22/04/2009	
Kurt and Fırat (26828/03)	21/04/2009	21/07/2009	1 100 EUR	6 000 EUR	-	7 100 EUR
Paid on 04/11/2009	
Mehmet Siret Atalay (3816/03)	31/03/2009	14/09/2009	3 500 EUR	-	-	3 500 EUR
Paid on 14/12/2009	
Kemal Özer and others (783/03)	20/10/2009	20/01/2010	13 000 EUR	-	-	13 000 EUR
Paid on 29/04/2010	
Doğangün (30302/03)	02/06/2009	02/09/2009	-	EUR 5000	-	EUR 5000
Paid on 02/12/2009	
Erdoğan ve Fırat (15121/03)	02/06/2009
20/07/2010	02/09/2009
20/10/2010	13 350 EUR	-	-	13 350 EUR
Paid on 02/12/2009	

b) Individual measures

Given the just satisfaction awarded in respect of the damages sustained by the applicants, no other individual measure was considered necessary by the Committee of Ministers.

II.	General measures

Measures have already been taken to prevent similar violations (See Resolutions ResDH(2001)70 and ResDH(2001)71 closing the Aka and Akkuş 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 no individual measure is required, apart from the payment of the just satisfaction, that the general measures adopted will prevent similar violations and that Turkey has thus complied with its obligations under Article 46, paragraph 1, of the Convention.