SECOND SECTION

DECISION

Application no. 74529/01 
by Hasan KUZU 
against Turkey

The European Court of Human Rights (Second Section), sitting on 20 September 2005 as a Chamber composed of:

Mr J.-P. Costa, President
 Mr A.B. Baka
 Mr R. Türmen
 Mr K. Jungwiert
 Mr M. Ugrekhelidze
 Mrs A. Mularoni, 
 Mrs E. Fura-Sandström, judges
and Mr S. Naismith, Deputy Section Registrar.

Having regard to the above application lodged with the European Commission of Human Rights on 1 July 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 decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,

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

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Hasan Kuzu, is a Turkish national who was born in 1929 and lives in Mersin, Turkey. He was represented before the Court by Mr Ö. Sözer, a lawyer practising in Mersin.

The facts of the case, as submitted by the parties, may be summarised as follows.

On 14 July 1993 the General Directorate of National Roads and Highways (Devlet Karayolları Genel Müdürlüğü), a state body responsible, inter alia, for motorway construction, expropriated a plot of land belonging to the applicant in İçel in order to build a motorway. A committee of experts assessed the value of the land and the applicant received a sum of 144,410,000 Turkish Liras (TRL) when the expropriation took place.

On 28 December 1993 the applicant brought an action before the Mersin Civil Court of First Instance for increased compensation. On 14 December 1994 the Mersin Civil Court of First Instance awarded him an additional compensation of TRL 150,736,255 and simple default interest at the rate of 30 % per annum from 14 December 1993, the date on which the title deed of the land was transferred. On 26 January 1998 the Court of Cassation upheld the judgment of the first instance court.

On 24 June 1998 the applicant received a sum of TRL 417,997,000 including the additional compensation awarded by the court and the interest for delay.

The details are indicated in the table below.

DATE ON WHICH THE JUDGMENT AS REGARDS ADDITIONAL COMPENSATION BECAME FINAL

AMOUNT OF ADDITIONAL COMPENSATION (INTERESTS AND LEGAL COSTS ARE NOT INCLUDED)

(In Turkish liras)

DATE OF PAYMENT

AMOUNT OF PAYMENT (INCLUDING STATUTORY INTEREST AT THE RATE OF 30 % PER ANNUM AND COSTS)

(in Turkish liras)

26.01.1998

150,736,255

24.06.1998

417,997,000

COMPLAINT

The applicant complains under Article 1 of Protocol No. 1 that at a time when the annual rate of inflation in Turkey had been very high, he was paid insufficient interest on additional compensation received following the expropriation of his land and the authorities delayed in paying him the relevant amounts.

THE LAW

Following informal contacts between the applicant’s 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 declaration from the Government:

I declare that, with a view to securing a friendly settlement of the above-mentioned case, the Government of Turkey offer to pay 7,500 (seven thousand five hundred) Euros to Mr Hasan Kuzu. This sum is to cover any pecuniary and non-pecuniary damage as well as costs, and it will be payable within three months from the date of delivery of the decision by the Court (...).

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 payment will constitute the final resolution of the case.

Ankara, 26 April 2002”

The Court had received the following declaration signed by the representative of the applicant:

I note that the Government of Turkey are prepared to pay the sum of 7,500 (seven thousand five hundred) Euros covering pecuniary and non-pecuniary damage and costs to Mr Hasan Kuzu with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.

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 applicant have reached.

Mersin, 12 May 2005”

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, Article 29 § 3 of the Convention should no longer apply to the case and it should be struck out of the list.

For these reasons, the Court unanimously

Decides to discontinue the application of Article 29 § 3 of the Convention and to strike the application out of its list of cases.

S. Naismith J.-P. Costa 
 Deputy Registrar President

KUZU v. TURKEY DECISION


KUZU v. TURKEY DECISION