PROCEDURE

The case originated in an application (no. 1520/06) against the Republic of Turkey lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Turkish national, Mr Osman Erden (“the applicant”), on 30 December 2005. The applicant was represented by Ms B. Baysal, a lawyer practising in Istanbul. The Turkish Government (“the Government”) were represented by their Agent.

On 18 June 2009 the President of the Second Section decided to give notice of the application to the Government.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1960 and lives in Bartın.

On 13 January 1982 the applicant, a primary school teacher in Kahramanmaraş at the material time, was discharged from his duties and on 10 March 1989 he was reinstated.

The applicant subsequently requested the Ministry of Education (“the Ministry”) to reimburse him for the salaries and other financial rights he had been unfairly deprived of during the period of inactivity. The Ministry rejected this request.

The applicant lodged an action before the Ankara Administrative Court, requesting this court to quash the Ministry's decision and to order the payment of his entitlements.

On 6 November 1991 the Ankara Administrative Court partially granted the applicant's request and ordered the calculation and payment of the applicant's salaries and other financial benefits, solely for the period falling between 15 March 1985 and 10 March 1989. The administrative court did not order payment of interest on the relevant amount.

On 16 April 1992 the Supreme Administrative Court upheld the judgment of the Ankara Administrative Court.

Following the final decision of the Supreme Administrative Court, the applicant petitioned the Ministry on numerous occasions for the execution of the judgment of the Ankara Administrative Court and the payment of his money.

On 14 January 2001 the applicant applied to the Ankara Administrative Court, requesting the clarification (tavzih) of its decision dated 6 November 1991. The applicant asked the court to declare, in particular, the exact amount that he was entitled to receive from the Ministry. He explained that without this information, he could not request the enforcement of the impugned judgment by execution offices.

On 20 March 2002 the Ankara Administrative Court rejected the applicant's request for clarification.

On 30 June 2005 the applicant was paid 4.35 Turkish liras (TRY0)0, which corresponded to the salaries and other financial benefits he would have received during the specified period of his discharge. The applicant was not paid any default interest on this amount to compensate the effects of inflation, pursuant to the instructions of the Ministry of Finance dated 24 May 2005 and the judgment of the Ankara Administrative Court dated 6 November 1991.