SECOND SECTION

DECISION

Application no. 39854/11 Yavuz AKIN and Others against Turkey

(see appended table)

The European Court of Human Rights (Second Section), sitting on 23 September 2021 as a Committee composed of:

Branko Lubarda, President, Pauliine Koskelo, Marko Bošnjak, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 19 January 2011,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants were represented by Mr M.M. Erken, a lawyer practising in Batman.

The present application mainly concerns the property damage sustained by the applicants following a large underground explosion that took place in Batman on 3 May 2004. The applicants’ complaints under Article 6 § 1 of the Convention, concerning their inability to access civil courts to claim damages on account of the allegedly erroneous application of the time-limit rules, and under Article 1 of Protocol No. 1 to the Convention, regarding the alleged violation of their property rights as a result of the explosion, were communicated to the Turkish Government (“the Government”).

The Court received the friendly-settlement declaration, signed by the parties, under which the applicants agreed to waive any further claims against Turkey in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay them the amount detailed in the appended table. This amount will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertake to pay simple interest on it, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

The payment will constitute the final resolution of the case.

THE LAW

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 the Protocols thereto and finds no reasons to justify a continued examination of the application.

In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 14 October 2021.

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Viktoriya Maradudina Branko Lubarda Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention

Application no. Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses jointly to all applicants

(in euros) [1]

39854/11

19/01/2011

(9 applicants)

Yavuz AKIN

1971Enver AKIN

1984Cesur AKIN

1974Mehmet AKIN

1981Vasfiye AKIN

1945Leyla AKIN

1982Kadriye AKIN

1988Nilüfer AKIN

1988Mefaret IÅžIK

1978Erken Mehmet Masum

Batman

14/07/2021

05/05/2021

3,000

[1] Plus any tax that may be chargeable to the applicants.