SECOND SECTION

PARTIAL DECISION

AS TO THE ADMISSIBILITY OF

Application no. 26679/95

IN RESPECT OF THE APPLICANTS :

Vahdettin AKKAN, Abdurrahman AKTAŞ, M. Emin and Mustafa ALAGÜNDÜZ, Salih AYTEK, Abdüllatif BAYHAN and Süleyman BARAN

against Turkey

The European Court of Human Rights (Second Section) , sitting on 14 June 2001 as a Chamber composed of

Mr C.L. Rozakis , President , Mr A.B. Baka , Mr G. Bonello , Mrs V. Strážnická , Mr P. Lorenzen , Mr M. Fischbach , judges , Mr F. Gölcüklü , ad hoc judge , and Mr E. Fribergh , Section Registrar ,

Having regard to the above application introduced with the European Commission of Human Rights on 29 November 1994 and registered on 9 March 1995,

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 regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,

Having deliberated, decides as follows:

FACTS AND COMPLAINTS

The applicants are Turkish nationals living in the Lice district of the province of Diyarbakır (Turkey). They are represented before the Court by Mr Hasip Kaplan, a lawyer practising in Istanbul.

In their applications the applicant s complained that their houses and shops were destroyed as a result of the random and disproportionate gunfire of the security forces in the course of clashes between the latter and PKK militants in Lice. They alleged that their rights guaranteed by Articles 3, 5, 6, 13, 14, 17 and 18 of the Convention and Article 1 of Protocol No. 1 had been violated.

PROCEDURE

Following informal cont acts between the applicants’ and the Government’s representatives, the Section Registrar was asked to assist the parties in reaching a solution to the matter.

As a result, the Registrar proposed that the applicants withdraw the application on the condition that the Government pay the applicants the sums stated below f ree of any taxes which may be applicable and to be converted into Turkish liras at the rate applicable on the date of payment:

No.

Application No.

Name of the Applicant

The Registrar’s proposal: Pounds sterling

1

26679/95 ( aa )

Vahdettin AKKAN

10,000

2

26679/95

Abdurrahman AKTAÅž

10,000

3

26679/95

Emin ALAGÃœNDÃœZ

10,000

4

26679/95

Mustafa ALAGÃœNDÃœZ

10,000

5

26679/95

Salih AYTEK

  5,000

6

26679/95

Abdüllatif BAYHAN

15,000

7

26679/95

Süleyman BARAN

10,000

8

26679/95

Legal expenses to Mr Kaplan in regard to applications nos. 26679/95, 26681/95, 28506/95, 28512 ‑ 28515/96,  30646 ‑ 30667/96, 30669/96, 30670/96, 30672-30677/96, 30679/96, 30680/96, 30682 ‑ 30695/96, 30697/96, 30699/96, 30701/96, 30703 ‑ 30801/96, 30803 ‑ 30805/96, 30807 ‑ 30835/96, 30837 ‑ 30839/96, 30841/96, 30842/96, 30844/96, 30847 ‑ 30851/96, 30853/96, 30957-30960/96, 32016/96

38,000

By letters of 19 January and 2 February 2001 the Government and the applicants respectively a greed to the above proposals.

On 22 March 2001 the Court struck the application out of its list of cases in respect of the applicants Vahdettin Akkan , Abdurrahman Aktaş , M. Emin and Mustafa Alagündüz , Salih Aytek , Abdüllatif Bayhan , Süleyman Baran , Abdullah Biçer , Tahsin Bingöl , Mehmet Çaytaş , Ferit Delidere , Abdullah Demirhan , Halis , Mahmut and Mehdin Doman .

By their letter of 31 May 2001, the Government asked that the application be restored to the list of cases.

The applicants accepted this request.

On 13 June 2001 the Court decided to restore the application to its list of cases. Subsequently, the parties requested that the Court strike the application off the list of cases on the basis that the payment be made in accordance with the earlier agreement with a default interest of 7.5% from 22 June 2001 until the date of settlement.

THE LAW

The Court takes note of the applicants’ withdrawal of the application on the basis of the agreement reached with the Government. It considers that there are no reasons which would justify the continuation of the examination of the application (Article 37 § 1 of the Convention).

For these reasons, the Court

Decides to strike the application out of the list in respect of the applicants Vahdettin Akkan , Abdurrahman Aktaş , Emin and Mustafa Alagündüz , Salih Aytek , Abdüllatif Bayhan and Süleyman Baran .

Erik Fribergh Christos Rozakis Registrar President