ERTURK v. TURKEY - 10473/08 (Decision) [2012] ECHR 1086 (05 June 2012)

ERTURK v. TURKEY - 10473/08 (Decision) [2012] ECHR 1086 (05 June 2012)

The Court found the friendly settlement reached between the parties to be based on respect for human rights and saw no reason to continue examining the application, thus striking the case out of its list.

Citation
[2012] ECHR 1086
Parties
Applicant: Mediha Ertürk; Applicant: Rahim Ertürk; Applicant: Ilhan Ertürk; Applicant: Adnan Ertürk; Applicant: Mehmet Ertürk; Respondent: Turkey
Jurisdiction
European Union
Judgment Date
05 June 2012
Procedural Posture
Application to the European Court of Human Rights / Decision on Friendly Settlement and Striking Out
Outcome
Application struck out of the list of cases due to friendly settlement.
Legal Topics
Non Execution of Judgment, De Facto Expropriation, Interest Rate on Compensation, Friendly Settlement, Article 6 § 1 ECHR, Article 13 ECHR, Article 1 of Protocol No. 1 ECHR
Human Rights Law Property Law Non Execution of Judgment De Facto Expropriation Interest Rate on Compensation Friendly Settlement Article 6 § 1 ECHR Article 13 ECHR +1 more

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Parties

Mediha Ertürk

Applicant

Rahim Ertürk

Applicant

Ilhan Ertürk

Applicant

Adnan Ertürk

Applicant

Mehmet Ertürk

Applicant

Turkey

Respondent

Procedural Posture

Application to the European Court of Human Rights / Decision on Friendly Settlement and Striking Out

Legal Issues

  1. 1 Whether the non-execution of a domestic judgment and failure to apply the highest interest rate violated the applicants' rights under the Convention
  2. 2 Whether a friendly settlement is appropriate under Article 39 of the Convention

Ratio Decidendi

The Court found the friendly settlement reached between the parties to be based on respect for human rights and saw no reason to continue examining the application, thus striking the case out of its list.

Court Disposition

Application struck out of the list of cases due to friendly settlement.

Orders

  • The Government shall pay the applicants jointly EUR 1,800 for non-pecuniary damage and EUR 500 for costs and expenses, converted to Turkish lira at the applicable rate on the date of payment, tax-free, within three months of notification of the decision.
  • In case of late payment, simple interest at the marginal lending rate of the European Central Bank plus three percentage points will be due from the expiry of the three-month period until settlement.