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FIRST SECTION
PARTIAL DECISION
AS TO THE ADMISSIBILITY OF
Application no. 42146/98 and other 41 applications
by Ali ŞEN and Others
against Turkey
The European Court of Human Rights (First Section), sitting on 12 September 2000 as a Chamber composed of
Mrs E. Palm, President,
Mr L. Ferrari Bravo,
Mr Gaukur Jörundsson,
Mr R. Türmen,
Mr B. Zupančič,
Mr T. Panţîru,
Mr R. Maruste, judges,
and Mr M. O’Boyle, Section Registrar,
Having regard to the above application introduced and registered with the European Commission of Human Rights on the below mentioned dates,
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 deliberated, decides as follows:
THE FACTS
The applicants, whose names are listed in the tables below, are Turkish nationals. They are represented before the Court by Mr Tekin Akıllıoğlu, a lawyer practising in Ankara.
The facts of the case, as submitted by the applicants, may be summarised as follows.
A. Particular circumstances of the case
The General Directorate of National Roads and Highways (Devlet Karayolları Genel Müdürlüğü), a state body responsible, inter alia, for motorway construction, expropriated plots of land belonging to the applicants in İçel, Adana, Tarsus and İskenderun in order to build the Tarsus -İçel - Çukurova - İskenderun Motorway. Expropriations took place between June 1991 and December 1995. A committee of experts assessed the value of the plots of land belonging to each of the applicants and compensation was paid to them individually when the expropriation took place.
Following the applicants’ requests for increased compensation, the national courts awarded them additional compensation plus interest at the statutory rate of 30% per annum, namely the rate applicable at the date of the courts’ decisions. The date for the running of the statutory rate of interest was fixed by the domestic court in respect of each applicant. The applicants appealed and the Court of Cassation upheld the decisions of the first instance courts. Between January 1998 and June 1999 the administration paid the applicants the additional compensation awarded to them together with interest. The interest on the additional compensation was calculated at the statutory rate applicable between the date of the decisions of the Court of Cassation in favour of each applicant and 31 December 1997, namely 30%. As regards the period after 1 January 1998 the interest was calculated at the then applicable rate, namely 50%.
Between 1993 and 1999 the rate of inflation averaged 81.7% per annum.
All the details as to the date from which the statutory rate of interest (30% and 50% from 1 January 1998) began to run, the final decision of the Court of Cassation, the amount of additional compensation awarded and the date and amount of payment are indicated in the tables below.
1. Application No. 42146/98
Date of introduction: 21 May 1998 - Date of registration: 9 July 1998
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
1. Ali ŞEN | 21.6.1995 | 20.5.1996 | 3.293.500.000 | 9.1.1998 5.273.338.000 |
2. Ümit ALTINEL | 5.7.1995 | 16.5.1996 | 1.044.000.000 | 12.1.1998 1.712.286.000 |
3. Münevver SÜRMELİ | 5.7.1995 | 23.5.1996 | 2.149.900.000 | 12.1.1998 3.536.776.000 |
4. Mukaddis GÖK | 14.06.1995 | 20.5.1996 | 18.521.430.000 | 09.1.1998 30.770.978.000 |
5. Nihadi EVGİN | 26.7.1995 | 23.5.1996 | 869.760.000 | 15.1.1998 1.413.713.000 |
6. Mehmet SÜRMELİ | 21.6.1995 | 23.5.1996 | 5.683.040.000 | 15.1.1998 9.404.155.000 |
2. Application No. 42521/98 Date of introduction: 25 June 1998 - Date of registration: 31 July 1998 | ||||
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
Hatice KAYA | 25.8.1993 | 7.11.1994 | 119.290.485 | 21.1.1998 229.179.000 |
3. Application No. 42523/98 Date of introduction: 19 June 1998 - Date of registration: 31 July 1998 | ||||
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
1. Hatice ÇOPUR | 4.8.1993 | 9.6.1994 | 257.379.000 | 02.2.1998 569.309.000 |
2. Fethiye KURU Seher CİVELEK | 27.1.1993 | 7.7.1994 | 229.212.000 | 26.1.1998 537.728.000 |
3. Ümmühan FIRTINA | 16.12.1992 | 8.11.1993 | 12.090.945 | 06.3.1998 27.913.000 |
4. Fatma ÇOR | 28.7.1993 | 31.10.1994 | 76.803.000 | 21.1.1998 167.685.000 |
5. Lütfi İhsan PAN | 27.1.1993 | 24.11.1994 | 331.837.350 | 23.1.1998 778.937.000 |
4. Application No. 42524/98 Date of introduction: 19 June 1998 - Date of registration: 31 July 1998 | ||||
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
1. Hatice CİVELEK Kaber Celil CİVELEK Mehmet CİVELEK Elife SARI Ümmü CİVELEK Fatma CİVELEK Mustafa CİVELEK Celil CİVELEK Meliha CİVELEK Meryem CİVELEK (CAN) Nadiye CİVELEK Hamit CİVELEK Cemile ŞEKER Yeter CİVELEK Emine ÖZŞİRECİ Abdulhamit CİVELEK Mustafa CİVELEK Mahmut CİVELEK | 11.9.1993 | 7.11.1994 | 110.033.000 | 11.2.1998 232.604.000 |
2. Hatice CİVELEK Kaber Celil CİVELEK Mehmet CİVELEK Elife SARI Ümmü CİVELEK Fatma CİVELEK Mustafa CİVELEK Celil CİVELEK Meliha CİVELEK Meryem CİVELEK (CAN) Nadiye CİVELEK Hamit CİVELEK Cemile ŞEKER Yeter CİVELEK Emine ÖZŞİRECİ Abdulhamit CİVELEK Mustafa CİVELEK Mahmut CİVELEK | 3.4.1993 | 1.7.1994 | 188.905.713 | 11.2.1998 430.941.000 |
3. Ahmet Duran SAYIM Durdane KÖRÜKLÜ Saniye ŞEN (ÖZEL) | 8.2.1993 | 8.11.1993 | 113.670.262 | 11.2.1998 257.729.000 |
4. Fetiye KURU Seher CİVELEK | 4.8.1993 | 30.5.1994 | 40.498.000 | 18.2.1998 92.368.000 |
5.Application No. 42530/98 Date of introduction: 19 June 1998 - Date of registration: 3 August 1998 | ||||
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
1. Reşit AYDEMİR | 12.2 1993 | 6.6.1994 | 337.355.604 | 26.1.1998 792.084.000 |
2. Reşit AYDEMİR | 11.8.1993 | 18.5.1994 | 135.571.000 | 12.2.1998 298.255.000 |
3. Ali YILMAZ | 11.8.1993 | 31.10.1994 | 109.307.000 | 12.2.1998 237.388.000 |
4. Veli ÇOPUR | 15.2.1993 | 6.6.1994 | 15.676.890 | 6.3.1998 38.469.000 |
5. Hanife AYDEMİR | 12.2.1993 | 18.5.1994 | 292.844.800 | 12.2.1998 680.999.000 |
6. Ahmet ŞEKER | 16.3.1993 | 7.11.1994 | 31.835.361 | 11.2.1998 70.557.000 |
6. Application No. 42532/98 Date of introduction: 19 June 1998 - Date of registration: 3 August 1998 | ||||
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
1. Dudu ŞEN Ali İhsan ŞEN Şadi ŞEN Hamiyet ŞEN | 14.6.1995 | 20.5.1996 | 8.760.503.000 | 15.1.1998 14.543.946.000 |
2. Şevki AKSOY Cumali AKSOY Veli AKSOY Fadime AKSOY Meryem KARABULUT Fatma GÜLLÜ | 14.7.1993 | 29.9.1994 | 220.000.000 | 26.1.1998 480.829.000 |
3. Selahattin SAYAN Şükriye ACEL Ayşe FAYDALI Mediha PATIR | 11.9.1993 | 2.2.1995 | 50.825.274 | 11.2.1998 110.039.000 |
4. İsmail Sefa ŞEN Durmuş ŞEN Necla KARA | 14.6.1995 | 23.5.1996 | 4.590.655.500 | 12.1.1998 7.631.183.000 |
7. Application No. 42536/98 Date of introduction: 19 June 1998 - Date of registration: 3 August 1998 | ||||
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
1. Yusuf KÖSEKARA | 16.12.1992 | 27.1.1994 | 148.556.000 | 21.1.1998 351.886.000 |
2. Ali PAN | 27.1.1993 | 2.6.1994 | 128.563.839 | 26.1.1998 302.826.000 |
3. Ali PAN Selahattin PAN | 27.1.1993 | 14.4.1994 | 39.881.288 | 11.2.1998 93.737.000 |
4. Hatice ÇOPUR | 27.1.1993 | 21.4.1994 | 75.000.000 | 11.2.1998 177.348.000 |
5. Ümmühan FIRTINA | 16.12.1992 | 18.4.1994 | 51.939.071 | 18.2.1998 120.899.000 |
6. Durmuş Ali AKTAŞ | 14.2.1993 | 21.4.1994 | 98.909.500 | 11.2.1998 234.998.000 |
8. Application No. 42541/98 Date of introduction: 19 June 1998 - Date of registration: 3 August 1998 | ||||
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
1 Abdurrahman ŞİMŞEK * | 18.8.1993 | 7.11.1994 | 91.686.000 | 12.2.1998 195.673.000 |
2. Abdurrahman ŞİMŞEK | 27.1.1993 | 2.6.1994 | 448.233.600 | 23.1.1998 1.058.360.000 |
3. Durmuş Ali AKTAŞ | 4.8.1993 | 1.7.1994 | 40.000.000 | 11.2.1998 88.623.000 |
4. Arif GÖK | 4.8.1993 | 6.6.1994 | 17.515.800 | 26.2.1998 37.882.000 |
5. Duran Ali SARI | 28.7.1993 | 7.11.1994 | 109.541.000 | 11.2.1998 236.887.000 |
9. Application No. 42542/98 Date of introduction: 19 June 1998 - Date of registration: 3 August 1998 | ||||
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
1. Meryem DÜRÜ | 9.12.1992 | 13.12.1993 | 102.088.000 | 11.2.1998 239.957.000 |
2. Zekeriya CİVELEK | 16.12.1992 | 27.01.1994 | 74.382.785 | 21.1.1998 172.190.000 |
3. Yaşar ŞEN | 14.6.1995 | 20.5.1996 | 224.500.000 | 15.1.1998 371.473.000 |
4. Ramazan CİVELEK Elife CİVELEK | 28.7.1993 | 28.11.1994 | 147.675.000 | 18.2.1998 326.512.000 |
5. Mehmet SAYIM | 28.7.1993 | 18.5.1994 | 67.921.463 | 11. 2.1998 148.230.000 |
10. Application No. 42543/98 Date of introduction: 23 June 1998 - Date of registration: 3 August 1998 | ||||
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
1. Abdi SARI | 25.8.1993 | 24.11.1994 | 110.488.695 | 13.2.1998 235.973.000 |
2. Ali ÇINAR | 25.8.1993 | 24.11,1994 | 138.577.000 | 11.2.1998 302.570.000 |
3. Ali YÜKSEL | 25.8.1993 | 24.11.1994 | 100.000.000 | 13.2.1998 212.875.000 |
11. Application No. 42544/98 Date of introduction: 19 June 1998 - Date of registration: 3 August 1998 | ||||
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
1. İzzettin SARI | 27.1.1993 | 18.5.1994 | 110.302.800 | 6.2.1998 261.629.000 |
2. Abdurrahman ŞİMŞEK | 27.1.1993 | 18.5.1994 | 294.961.757 | 21.1.1998 696.479.000 |
3. Nuri KÖSE | 01.9.1993 | 30.5.1994 | 24.949.842 | 18.2.1998 53.753.000 |
4. Fatma ÇOR | 27.1.1993 | 6.6.1994 | 332.987.000 | 21.1.1998 799.776.000 |
5. Selahattin SAYAN | 17.12.1992 | 7.11.1994 | 89.516.000 | 11.2.1998 218.635.000 |
12. Application No. 43133/98 Date of introduction: 27 July 1998 - Date of registration: 27 August 1998 | ||||
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
1. Refik ÇETİN Bilal GÖK Melek SIĞMAK | 12.8.1992 | 8.11.1993 | 37.505.152 | 18.2.1998 91.980.000 |
2. Selahiddin PAN Raziye BAĞCIOĞLU Seher SARI (PAN) Mustafa PAN Meryem ÇOR (PAN) Kemal PAN Hamza PAN | 16.12.1992 | 24.10.1994 | 45.000.000 | 11.2.1998 107.918.000 |
13. Application No. 43136/98 Date of introduction: 5 August 1998 - Date of registration: 27 August 1998 | ||||
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
1. Emine SARKIN Gülsevim BAKIR | 29.6.1993 | 17.10.1994 | 307.831.000 | 13.2.1998 716.054.000 |
14. Application No. 43138/98 Date of introduction: 10 August 1998 - Date of registration: 27 August 1998 | ||||
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
1. Hüsnü BUHUR | 16.9.1992 | 3.10.1994 | 7.098.404 | 26.2.1998 16.364.000 |
2. Meliha OKSAL Erdoğan OKSAL Kerime OKSAL Nevin MAĞARACI Hasan OKSAL Vildan ÖZÖKSÜZ (OKSAL) Erol OKSAL Semriz ERKAYA | 11.9.1993 | 2.2.1995 | 12.126.378 | 26.2.1998 26.022.000 |
3. Ali ERGÜL | 22.1.1992 | 24.5.1993 | 24.228.400 | 26.2.1998 62.886.000 |
4. Tahsin ŞAHİN | 6.5.1992 | 2.6.1994 | 11.544.610 | 26.2.1998 29.697.000 |
15. Application No.43141/98 Date of introduction: 17 August 1998 - Date of registration: 27 August 1998 | ||||
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
1. Fatma GÜVEN Salih YÖRÜK Emsal YÖRÜK Ali YÖRÜK Fatma YÖRÜK Şife YÖRÜK (KOŞAR) Mustafa YÖRÜK Eşe YÖRÜK Şerife YÖRÜK Muhteber YÖRÜK Ahmet YÖRÜK | 9.9.1993 | 2.6.1994 | 5.311.000 | 2.3.1998 12.380.000 |
2. Emine CİNGÖZ Hatice TOPÇU | 8.9.1993 | 07.07.1994 | 18.843.034 | 2.3.1998 41.293.000 |
3. Emine GÜN | 6.7.1993 | 25.4.1994 | 22.474.000 | 2.3.1998 50.390.000 |
4. Hüsnü BUHUR Hikmet BUHUR Birsen EROL Kudret KOSTA Nihal ERKILINÇ Afife GÜNEŞ Seher NACAR | 16.9.1992 | 3.10.1994 | 4.360.878 | 6.3.1998 11.171.000 |
5. Ferhan ERDOĞAN | 27.1.1992 | 27.5.1993 | 125.794.412 | 2.3.1998 322.693.000 |
6. Melek SIĞMAK Firdevs OĞUZ Ahmet ERCAN Durdu KESİKBAŞ (ERCAN) | 12.8.1993 | 2.2.1995 | 30.886.000 | 2.3.1998 67.043.000 |
16.Application No. 43344/98 Date of introduction: 6 August 1998 - Date of registration: 7 September 1998 | ||||
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
Sevimser BALIKÇIOĞLU | 15.10.1992 | 14.3.1995 | 3.549.000 | 6.3.1998 4.454.000 |
17.Application No. 43641/98 Date of introduction: 17 August 1998 - Date of registration: 29 September 1998 | ||||
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
1. Nuri KÖSE | 9.9.1992 | 3.10.1994 | 2.697.086 | 6.3.1998 6.731.000 |
2. Özer BALIKÇIOĞLU | 17.2.1993 | 30.3.1995 | 4.277.000 | 6.3.1998 13.795.000 |
3. Ekrem Serdar BALIKÇIOĞLU | 17.2.1993 | 16.3.1995 | 3.276.000 | 6.3.1998 8.925.000 |
18.Application No. 43642/98 Date of introduction: 24 August 1998 - Date of registration: 29 September 1998 | ||||
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
1. Yadigar OĞUZ | 29.1.1992 | 24.2.1994 | 13.008.000 | 6.3.1998 33.152.000 |
2. Makbule ÇEVİK Yadigar OĞUZ | 5.2.1992 | 27.5.1993 | 6.592.800 | 6.3.1998 19.026.000 |
3. Makbule ÇEVİK Yadigar OĞUZ | 24.2.1992 | 2.2.1995 | 14.186.937 | 2.3.1998 32.436.000 |
4. Şerife ÇÖL Ümmü YÜKSEL Müzeyyen ESEN Fatma BAŞLI | 3.6.1992 | 12.11.1993 | 45.464.500 | 11.3.1998 118.660.000 |
5. Ayşe GÖK | 16.9.1992 | 3.10.1994 | 8.688.320 | 6.3.1998 19.399.000 |
19. Application No. 43644/98 Date of introduction: 24 August 1998 - Date of registration: 29 September 1998 | ||||
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
1. Fethiye KARA | 18.3.1992 | 9.5.1994 | 6.307.000 | 6.3.1998 17.011.000 |
2. Düldane KARA | 18.3.1992 | 24.06.1993 | 73.734.375 | 6.3.1998 177.554.000 |
3. Selahattin SAYAN Şükriye ACEL Mediha PATIR Ayşe FAYDALI | 03.03.1993 | 20.06.1994 | 30.218.320 | 6.3.1998 70.530.000 |
4. Ismet AYDEMİR Ibrahim AYDEMİR | 11.09.1993 | 20.10.1994 | 34.270.500 | 2.3.1998 73.289.000 |
5. Fatma ASLAN Ali ASLAN Mustafa ASLAN Muhterem ASLAN Hüseyin ASLAN Erdoğan ASLAN Cemil ASLAN Kadriye KENGER Mukadder SERT Meral ŞAPLI Yeliz ASLAN Gülsüm ASLAN | 27.1.1993 | 18.4.1994 | 9.889.102 | 2.3.1998 21.211.000 |
6. Fatma ASLAN Ali ASLAN Mustafa ASLAN Muhterem ASLAN Hüseyin ASLAN Erdoğan ASLAN Cemil ASLAN Kadriye KENGER Mukadder SERT Meral ŞAPLI Yeliz ASLAN Gülsüm ASLAN | 28.7.1993 | 31.3.1994 | 42.621.774 | 26.2.1998 93.607.000 |
20. Application No.43914/98 Date of introduction: 25 August 1998 - Date of registration: 13 October 1998 | ||||
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
1. Durmuş KÖSEKARA Durdu ÖZDEMİR | 16.12.1992 27.1.1993 | 31.1.1994 | 104.851.832 | 6.3.1998 245.337.000 |
2. Duran KURT Hamdi KURT Teslime TOKSOY Nisbet KESKİN | 14.9.1992 | 31.1.1994 | 80.544.203 | 9.3.1998 225.577.000 |
3. Fatma ÜNLÜ Elif TÜRKMEN Haydar ÜNLÜ Müzeyyen SARGIN Mehmet ÜNLÜ Hüseyin ÜNLÜ Rüştü ÜNLÜ | 11.10.1994 | 23.10.1995 | 208.228.385 | 6.3.1998 405.165.000 |
4. Meryem ÇAKMAK | 24.8.1995 | 3.2.1997 | 31.451.700.000 | 2.3.1998 53.912.692.000 |
21. Application No. 43144/98
Date of introduction: 6 August 1998 - Date of registration: 27 August 1998
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
1. Ahmet GÖKNUR | 13.10.1992 | 17.2.1995 | 44.000.000 | 18.2.1998 111.716.000 |
2. Raziye ŞİMŞEK (ORDUKAYA) | 27.7.1993 | 13.4.1995 | 7.587.367 | 2.3.1998 16.033.000 |
3. Ali ZEBUN Zekiye ZEBUN (DİNGİL) Zeynep ZEBUN (DİNGİL) Mehmet ZEBUN Senise ZEBUN Nuriye ZEBUN Ayşe Gül ZEBUN Zekiye ZEBUN Ali Nazım ZEBUN Erdal Eren ZEBUN Eylem ZEBUN | 21.6.1994 | 9.10.1995 | 1.365.000.000 | 18.2.1998 2.641.389.000 |
22. Application No. 43146/98
Date of introduction: 10 August 1998 - Date of registration: 28 August 1998
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
1. Mehmet YALÇIN | 16.9.1992 | 20.10.1994 | 29.282.700 | 26.2.1998 19.547.000 |
2. Mahir KORKMAZ Sakine EREN Nuray SATIRCI Hatice TANRIGÜNVER Hilmi Şefik KORKMAZ Hüsnü BUHUR Hikmet BUHUR Birsen EROL Kudret KOSTA Nihal ERKILINÇ Afife GÜNEŞ Seher NACAR Behice KISMETLİ Mukadder PATIR Zahit KORKMAZ Hilmi A. KORKMAZ F. Aysünnü KISMETLİ Fethiye KORKMAZ Zeliha KAÇAR Sinan KORKMAZ Zeliha KORKMAZ Fatma KORKMAZ Ergün KORKMAZ Erdal KORKMAZ Sıtkı KORKMAZ Nuriye DURNA Tayip KORKMAZ Hilmi KORKMAZ | 7.10.1992 | 7.11.1994 | 32.882.751 | 11.2.1998 76.459.000 |
3. Mahir KORKMAZ Sakine EREN Nuray SATIRCI Hatice TANRIGÜNVER Hilmi Şefik KORKMAZ Hüsnü BUHUR Hikmet BUHUR Birsen EROL Kudret KOSTA Nihal ERKILINÇ Afife GÜNEŞ Seher NACAR Behice KISMETLİ Mukadder PATIR Zahit KORKMAZ Hilmi A. KORKMAZ F.Aysünnü KISMETLİ Fethiye KORKMAZ Zeliha KAÇAR Sinan KORKMAZ Zeliha KORKMAZ Fatma KORKMAZ Ergün KORKMAZ Erdal KORKMAZ M. Sıtkı KORKMAZ Nuriye DURNA Tayip KORKMAZ Hilmi KORKMAZ | 15.10.1992 | 7.11.1994 | 106.124.444 | 11.2.1998 250.255.000 |
4. Kerem BALIKÇIOĞLU | 17.2.1993 | 30.3.1995 | 10.374.000 | 26.2.1998 23.516.000 |
5. Sultan KAPLAN Ayşe KAPLAN Fatma TURGUT Havva Kaya ASLAN İsa KAYA | 25.11.1991 | 21.6.1993 | 15.881.800 | 26.2.1998 42.346.000 |
23. Application No. 43148/98
Date of introduction: 10 August 1998 - Date of registration: 28 August 1998
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
1. Ali ERKÖSE Saniye ŞAHİN Nurten N.YENER Remziye ERKÖSE Gülten ÇAKIR Rahime ENÜCÜR Abdulrezak ERKÖSE Ertugrul ERKÖSE | 20.3.1992 | 21.3.1994 | 39.302.775 | 12.2.1998 102.208.000 |
2. Ali ERKÖSE Saniye ŞAHİN Nurten N. YENER Remziye ERKÖSE Gülten ÇAKIR Rahime ENÜCÜR Abdulrezak ERKÖSE Ertuğrul ERKÖSE | 5.2.1992 | 24.5.1993 | 42.695.028 | 12.2.1998 108.689.000 |
3. Cemile ŞEKER (CİVELEK) Hamit CİVELEK Emine ÖZŞİRECİ (CİVELEK) Yeter CİVELEK | 27.1.1993 | 18.4.1994 | 10.450.480 | 26.2.1998 24.440.000 |
4. Ali KÜTÜK | 11.3.1992 | 25.5.1993 | 26.171.100 | 26. 2.1998 71.630.000 |
5. Mehmet KAPLAN Hanife KURTOĞLU Mümin KAPLAN Ali KAPLAN Duran M. KAPLAN Sultan KAPLAN | 11.11.1992 | 5.6.1995 | 91.252.581 | 11.2.1998 227.241.000 |
24. Application No. 43151/98
Date of introduction: 17 August 1998 - Date of registration: 28 August 1998
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
1. Kara Mehmet AYDIN | 4.8.1993 | 2.10.1995 | 5.702.260 | 6.3.1998 12.304.000 |
2. Ali KÜTÜK | 11.3.1992 | 28.6.1993 | 5.576.050 | 6.3.1998 16.673.000 |
3. Ali KÜTÜK | 11.3.1992 | 28.6.1993 | 13.162.950 | 6.3.1998 35.868.000 |
4. Hatice KARABOĞAZ Gülsan MUTLU Ali GENÇ Abdurrahman GENÇ Osman GENÇ Fazilet DÖŞLÜ | 3.6.1992 | 22.11.1993 | 13.617.656 | 2.3.1998 34.298.000 |
5. Halil BORA | 27.6.1992 | 03.10.1994 | 8.159.250 | 2.3.1998 14.376.000 |
6. Cabbar YILMAZ | 14.8.1992 | 24.2.1994 | 13.683.238 | 2.3.1998 31.662.000 |
25. Application No. 44286/98
Date of introduction: 15 September 1998 - Date of registration: 10 November 1998
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
1. Kara Mehmet AYDIN | 22.1.1992 | 5.12.1994 | 131.196.280 | 17.3.1998 384.524.000 |
26. Application No. 53840/00
Date of Introduction: 17 September 1999 - Date of Registration: 12 January 2000
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
1. Ali ERKAN | 25.5.1995 | 21.5.1998 | 216.341.000 | 3.5.1999 531.334.000 |
2. Ayşe ÖZBEK | 15.12.1995 | 28.04.1998 | 251.165.000 | 03.05.1999 554.945.000 |
27. Application No. 53858/00
Date of introduction: 17 September 1999 - Date of registration: 12 January 2000
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
1. Nesrin ÖZYURT Ahmet ÖZYURT Nurettin ÖZYURT Cengiz ÖZYURT İsmet ÖZYURT Tevhide YILMAZ Mehmet ÖZYURT | 22.11.1996 | 13.4.1998 | 18.843.980.000 | 23.3.1999 36.242.471.000 |
28. Application No. 54527/00
Date of introduction: 28 October 1999 - Date of registration: 1 February 2000
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
Tevfik SÖYLEMEZ | 21.8.1997 | 1.6.1998 | 53.863.750.000 | 13.5.1999 96.181.214.000 |
29. Application No. 54546/00
Date of introduction: 12 November 1999 - Date of registration: 1 February 2000
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
Fuat YILMAZ | 19.6.1996 | 1.6.1998 | 4.672.673.000 | 14.5.1999 9.926.305.000 |
30. Application No. 54547/00
Date of introduction: 16 November 1999 - Date of registration: 1 February 2000
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
Recep KARAKIŞLI | 28.8.1996 | 1.6.1998 | 3.518.108.000 | 14.5.1999 7.271.854.000 |
31. Application No. 54548/00
Date of introduction: 12 November 1999 - Date of registration: 1 February 2000
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
Kamil YILMAZ | 17.7.1996 | 01.6.1998 | 2.328.000.000 | 14.5.1999 4.921.915.000 |
32. Application No. 54549/00
Date of introduction: 12 November 1999 - Date of registration: 1 February 2000
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
Yıldız DİGİLİ | 15.10.1996 | 1.6.1998 | 2.776.950.000 | 14.5.1999 5.598.485.000 |
33. Application No. 54550/00
Date of introduction: 12 November 1999 - Date of registration: 1 February 2000
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
Celal ÇAKMAK | 8.5.1996 | 1.6.1998 | 3.415.815.000 | 14.5.1999 7.384.980.000 |
34. Application No. 54551/00
Date of introduction: 12 November 1999 - Date of registration: 1 February 2000
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
Hatice İMREN | 11.9.1996 | 1.6.1998 | 3.424.950.000 | 14.5.1999 7.068.942.000 |
35. Application No. 54552/00
Date of introduction: 12 November 1999 - Date of registration: 1 February 2000
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
Ömer BATAN | 26.6.1996 | 1.6.1998 | 2.378.550.000 | 14.5.1999 5.073.746.000 |
36. Application No. 54553/00
Date of introduction: 5 November 1999 - Date of registration: 1 February 2000
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
Ramazan CİVELEK Elife CİVELEK | 22.11.1995 | 1.6.1998 | 2.175.143.560 | 13.5.1999 5.243.249.000 |
37. Application No. 54554/00
Date of introduction: 5 November 1999 - Date of registration: 1 February 2000
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
Güllü ALTUNKAYNAK Fikri ALTUNKAYNAK Adnan ALTUNKAYNAK Fehmi ALTUNKAYNAK Atila ALTUNKAYNAK Ersoy ALTUNKAYNAK Türkan ALTUNKAYNAK Yurdakul ALTUNKAYNAK | 9.10.1996 | 2.6.1998 | 10.395.375.000 | 13.5.1999 22.033.963.000 |
38. Application No. 54555/00
Date of introduction: 5 November 1999 - Date of registration: 1 February 2000
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
Ümmü BOZ Şengül ERDOĞAN Akif BOZ Şenel BOZ Zeynep ŞEN İlker BOZ (under the guardianshıp of İmran BOZ) | 24.9.1996 | 1.6.1998 | 18.200.000.000 | 14.5.1999 37.552.666.000 |
39. Application No. 54556/00
Date of introduction: 5 November 1999 - Date of registration: 1 February 2000
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
Yılmaz GÜRSOY Meryem EROL | 7.3.1995 | 28.4.1998 | 92.417.598 | 12.5.1999 233.313.000 |
40. Application No. 54557/00
Date of introduction: 5 November 1999 - Date of registration: 1 February 2000
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
Mustafa GÜVEN Süleyman GÜVEN İsmet GÜVEN Hayrettin GÜVEN Mediha TÜMKAYA Yasemin ASLAN Nesuha GÜL | 14.8.1996 | 15.6.1998 | 178.241.130.000 | 12.5.1999 380.280.826.000 |
41. Application No. 54558/00
Date of introduction: 29 November 1999 - Date of registration: 1 February 2000
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
1. Hatice DİNGİL Alper D. DİNGİL Mustafa DİNGİL Musa S. DİNGİL Şerife A. DİNGİL | 10.4.1996 | 29.6.1998 | 3.729.577.000 | 4.6.1999 8.316.281.000 |
2. Esme YILDIRIM | 17.4.1996 | 29.6.1998 | 2.091.000.000 | 4.6.1999 4.927.262.000 |
3. Gökşen ÖZ | 31.7.1996 | 15.6.1998 | 2.368.000.000 | 4.6.1999 5.103.021.000 |
4. Kadriye AVCI Dilek AVCI (GÜR) Mehmet AVCI Fuat ÖZME | 10.7.1996 | 1.6.1998 | 3.471.600.000 | 4.6.1999 7.570.161.000 |
42. Application No. 54582/00
Date of introduction: 5 November 1999 - Date of registration: 2 February 2000
NAMES OF THE APPLICANTS | DATE FROM WHICH THE STATUTORY RATE OF INTEREST (30%) BEGAN TO RUN (from 1.1.1998 the statutory rate of interest was increased to 50%) | DATE OF FINAL DECISION OF COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION | AMOUNT OF ADDITIONAL COMPENSATION (interests and legal costs are not included) (in Turkish Liras) | DATE AND AMOUNT OF PAYMENT AWARDED TO EACH OF THEM (in Turkish Liras) |
Hatice CİVELEK Kaber C. CİVELEK Mehmet CİVELEK Elife SARI Ümmü CİVELEK Mustafa CİVELEK Hamit CİVELEK Cemile ŞEKER Yeter CİVELEK Emine ÖZŞİRECİ Abdülhamit CİVELEK Mahmut CİVELEK | 29.11.1995 | 1.6.1998 | 490.892.783 | 13.5.1999 1.217.116.000 |
B. Relevant domestic law and practice
1. The Constitution
The relevant part of Article 46 of the Constitution, relating to expropriations, provides:
“... Compensation for expropriation shall be paid immediately and in cash... If deferred payment is permitted by statute ... interest for delay at the maximum rate laid down for State debts shall be payable on the part that is not paid immediately...”
At the material time the rate of interest for delay payable on debts owed to the State was 7% per month (84% per annum) (section 51 of Law no. 6183 on the collection of debts due to the State and Cabinet Ordinance no. 89/14915).
2. Law no. 3095 of 4 December 1984
Under Law no. 3095 the rate of interest on overdue State debts was set at 30% per annum. From 1 January 1998 the statutory rate of interest increased to 50% and remains at that figure.
C. Economic factors
High and variable inflation has been a central feature of Turkish economy since the 1970s. Inflation in Turkey accelerated throughout the 1970s to a high of around 100% in 1980. The implementation of a stabilisation programme saw a sharp drop in inflation to some 30% around the early 1980s. This was soon reversed as inflation trended upwards from the mid-1980s, reaching a peak of 120% in 1994 with a currency crisis. Between the years 1989 to 1993 which was a pre-crisis period, the inflation rate stayed around 60%. After the crisis, the inflation rate moved to an upper plateau in the 80% range. Inflation started to drop to the 60% range starting in 1998 mainly due to the fiscal adjustment programme launched by the Government. (Central Bank of Turkish Republic Inflation Report 2000)
The effects of inflation in Turkey are indicated in the lists of the consumer price index published by the State Institute of Statistics. According to the consumer prices, the average inflation in Turkey was 81.72% between 1993 and 1999.
COMPLAINTS
1. The applicants all allege that the rate of interest applied to the calculation of the additional compensation granted to them for the expropriation of their land was too low. They also complain about the delays in obtaining the additional compensation. In this regard all the applicants invoke Article 1 of Protocol No. 1 to the Convention and, with the exception of applicants Abdi Sarı, Ali Yüksel, Ali Çınar, Durmuş Ali Aktaş, Hatice Kaya, Abdurrahman Şimşek[] and Duran Ali Sarı, they also invoke Article 6 of the Convention.
2. The applicants further complain under Article 1 of Protocol No. 1 to the Convention that the initial amount of compensation that was paid when the expropriation took place was too low.
THE LAW
1. The applicants allege that the rate of interest applied to the calculation of the additional compensation granted to them for the expropriation of their land was too low and that they only obtained that compensation after considerable delay. The applicants invoke Article 1 of Protocol No. 1 to the Convention, which states:
“Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.
The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.”
The Court considers that it cannot, on the basis of the case file, determine the admissibility of this complaint and that it is therefore necessary, in accordance with Rule 54 § 3 (b) of the Rules of Court, to give notice of this part of the application to the respondent Government.
2. With the exception of Abdi Sarı, Ali Yüksel, Ali Çınar, Durmuş Ali Aktaş, Hatice Kaya, Abdurrahman Şimşek[] and Duran Ali Sarı, the applicants all allege that the authorities’ delay in paying them the additional compensation also violated their rights under Article 6 of the Convention, which provides as relevant:
“In the determination of his civil rights and obligations ..., everyone is entitled to a ... hearing within a reasonable time by [a] ... tribunal...”
The Court considers that it cannot, on the basis of the case file, determine the admissibility of this complaint and that it is therefore necessary, in accordance with Rule 54 § 3 (b) of the Rules of Court, to give notice of this part of the application to the respondent Government.
3. The applicants further complain under Article 1 of Protocol No. 1 to the Convention that the initial amount of compensation that was paid when the expropriation took place was too low.
The Court observes that the initial amount of compensation was paid to each applicant sometime between June 1991 and December 1995, the exact date depending on the date of expropriation of their respective plots of land. By seeking additional compensation before the domestic courts, the applicants challenged the level of the initial amount and obtained rulings that they were each entitled to increased compensation. The rulings of the Court of Cassation mark the final decisions on the applicants’ complaints about the low-level of compensation initially awarded.
Quite apart from the fact that is not for the Court to rule on the valuation of each plot of land carried out by the committee of experts (see the Akkuş v. Turkey judgment of 9 July 1997, Reports of Judgments and Decisions 1997-IV, p. 1307, § 28), it is to be noted that the decisions of the Court of Cassation were rendered more than six months before the date of introduction of the individual applications. The applicants’ complaints under this head are therefore time-barred.
It follows that since these complaints are introduced out of time they must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.
For these reasons, the Court, unanimously,
DECIDES TO JOIN the applications for the purposes of communication;
DECIDES TO ADJOURN the examination of the applicants’ complaints concerning the authorities’ delay in paying them additional compensation and its effect on the value of the additional compensation;
DECLARES INADMISSIBLE the remainder of the applicants’ complaints.
Michael O’Boyle Elisabeth Palm
Registrar President
[] The applicant, Abdurrahman Şimşek has three applications registered under files No. 42541/98 and No. 42544/98. The applicant does not invoke Article 6 of the Convention in only one of his applications registered under file No. 42541/98 that appears in the first row of the table concerning the subject file.
[] The applicant, Abdurrahman Şimşek has three applications registered under files No. 42541/98 and No. 42544/98. The applicant only invokes Article 6 of the Convention in one of his applications registered under Application No. 42541/98 as referred to in the first row of the relevant table.