PROCEDURE

The case originated in an application (no. 67140/01) 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 three Turkish nationals, Ali Şaşmaz, Nazmi Şaşmaz and Doğan Yalçın (“the applicants”), on 15 November 2000.

The applicants were represented by Mr Mahmut Akdoğan, a lawyer practising in Mersin. The Turkish Government (“the Government”) did not designate an Agent for the purposes of the proceedings before the Court.

On 15 September 2004 the Court decided to communicate the application to the Government. Under the provisions of Article 29 § 3 of the Convention, it decided to examine the merits of the application at the same time as its admissibility.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

On 29 August 1995 the General Directorate of National Roads and Highways (General Directorate) expropriated plots of land belonging to the applicants in Mersin in order to build a motorway. A committee of experts assessed the value of the plots of land and the relevant amount was paid to the applicants when the expropriation took place.

Following the applicants’ requests for increased compensation, on 26 November 1996, the Mersin Civil Court of First-instance awarded them additional compensation of 290,000,000 Turkish Liras (TRL), plus interest at the statutory rate, applicable at the date of the court’s decision, running from 29 August 1995, the date of the transfer of the title-deeds.

On 1 June 1998 the Court of Cassation upheld the judgment of the first-instance court.

On 16 May 2000 the General Directorate of National Roads and Highways paid the applicants TRL 973,920,000 (approximately 1,739 euros (EUR)), including interest.