SECOND SECTION

DECISION

AS TO THE ADMISSIBILITY OF

Application no. 32016/96

by Ebedi , Yedip , A. Nasır , Vahit and Sabri DELİDERE against Turkey

The European Court of Human Rights (Second Section) , sitting on 22 March 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 22 March 1996 and registered on 25 June 1996,

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 application the applicant s complained that their houses 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 to 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

3 2016/96

Ebedi DELÄ°DERE

10,000

2

32016/96

Yedip DELÄ°DERE

10,000

3

32016/96

A. Nasır DELİDERE

10,000

4

32016/96

Vahit DELÄ°DERE

10,000

5

32016/96

Sabri DELÄ°DERE

10,000

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

THE LAW

The Court takes note of the applicants’ withdrawal of the application on the basis of the agreement reached between the parties (Article 37 § 1 (a) and (b) of the Convention). The Court considers that there is no reason which would justify the continuation of the examination of the application.

For these reasons, the Court

Decides to disjoin the application from the other 201 Lice applications;

Decides to strike the application out of the list .

Erik Fribergh Christos Rozakis Registrar President