THIRD SECTION

DECISION

Application no. 76/02 
by İsmail YILDIRIM and Others 
against Turkey

The European Court of Human Rights (Third Section), sitting on 1 June 2006 as a Chamber composed of:

Mr B.M. Zupančič, President
 Mr J. Hedigan
 Mr L. Caflisch
 Mr R. Türmen
 Mr V. Zagrebelsky
 Mrs A. Gyulumyan, 
 Mr David Thór Björgvinsson, judges
and Mr V. Berger, Section Registrar,

Having regard to the above application lodged on 25 July 2001,

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 applicants, Mr İsmail Yıldırım, Mr Mehmet Yıldırım, Mr Bilal Yıldırım, Mr Rıfat Yıldırım, Mr Niyazi Yıldırım, Ms Selbi Yıldırım and Ms Zeynep Tezcan, are Turkish nationals who were born in 1939, 1946, 1953, 1936, 1944, 1941 and 1956 respectively and live in İskenderun. They are represented before the Court by Mr Yılmaz Kendi and Ms Gül Ayşe Rızvanoğlu, lawyers practising in Hatay.

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

On an unspecified date the General Directorate of National Roads and Highways expropriated a plot of land belonging to the applicants. A committee of experts assessed the value of the plot of land and the relevant amount was paid to them when the expropriation took place.

Following the applicants’ request for increased compensation, on 4 November 1999 the İskenderun Civil Court of First-instance awarded them additional compensation of 5,371,080,000 Turkish Liras (TRL) (approximately 3,051 euros (EUR)) plus interest at the statutory rate applicable at the date of the court’s decision, running from 5 August 1998, the date on which the title deed to the land had been transferred to the General Directorate of National Roads and Highways.

On 6 June 2000 the Court of Cassation upheld the judgment.

On 4 June 2001 the General Directorate of National Roads and Highways paid the amount of TRL 14,332,030,000 (approximately EUR 8,141) to the applicants.

COMPLAINT

The applicants complain under Article 1 of Protocol No. 1 that the authorities had delayed in paying them the additional compensation and that at a time when the annual rate of inflation in Turkey had been very high, they had been paid insufficient interest.

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 declaration from the Government:

“I declare that the Government of Turkey offer to pay ex gratia the total sum of EUR 1,350 (one thousand three hundred and fifty euros) to Mr İsmail Yıldırım, Mr Mehmet Yıldırım, Mr Bilal Yıldırım, Mr Rıfat Yıldırım, Mr Niyazi Yıldırım, Ms Selbi Yıldırım and Ms Zeynep Tezcan with a view to securing a friendly settlement of the application registered under no. 76/02. This sum shall cover any pecuniary and non-pecuniary damage as well as costs.

This sum will be payable within three months from the date of the decision by the Court pursuant to the Article 37 § 1 of the European Convention on Human Rights. It shall 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. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay, until settlement, simple interest on the amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

Ankara, 28.11.2005”

The Court received the following declaration signed by the representative of the applicants:

“I note that the Government of Turkey are prepared to pay ex gratia the total sum of EUR 1,350 (one thousand three hundred and fifty euros) to Mr İsmail Yıldırım, Mr Mehmet Yıldırım, Mr Bilal Yıldırım, Mr Rıfat Yıldırım, Mr Niyazi Yıldırım, Ms Selbi Yıldırım and Ms Zeynep Tezcan with a view to securing a friendly settlement of the application registered under no. 76/02. This sum shall cover any pecuniary and non-pecuniary damage as well as costs.

I also note that the amount indicated will be paid within three months from the date of the decision by the Court pursuant to the Article 37 § 1 of the European Convention on Human Rights. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

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.

İskenderun, 20.10.2005”

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 strike the application out of its list of cases.

Vincent Berger Boštjan M. Zupančič 
 Registrar President

İSMAIL YILDIRIM AND OTHERS v. TURKEY DECISION


İSMAIL YILDIRIM AND OTHERS v. TURKEY DECISION