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AKKAN AND 14 OTHERS v. TURKEY
Doc ref: 26679/95 • ECHR ID: 001-5801
Document date: March 22, 2001
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AKKAN AND 14 OTHERS v. TURKEY
Doc ref: 26679/95 • ECHR ID: 001-5801
Document date: March 22, 2001
Cited paragraphs only
SECOND SECTION
PARTIAL DECISION
AS TO THE ADMISSIBILITY OF
Application no. 26679/95 by Zeynal ELEK and 14 OTHERS against Turkey
PARTIAL DECISION IN RESPECT OF THE APPLICANTS :
Zeynal ELEK, Ramazan ERDOĞAN, Mehmet Demir ERKUŞ, Abdülbari EŞER, Abdülbari GÖKDEMİR, Mehmet GÜNGÖRMEZ, Cahit IŞIKTAŞ, Mustafa KAÇMAZ, Nedim ÖZER, Hüsnü KAÇAMAN, Şehmus YİĞİTEL, Sezayir YAĞAN, Nafiye KOÇER, Giyasettin NAZLIER, Ahmet ÖZBAHÇİVAN
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 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 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
26679/95 (b)
Zeynal ELEK
5,000
2
26679/95
Ramazan ERDOÄžAN
10,000
3
26679/95
Mehmet Demir ERKUÅž
10,000
4
26679/95
Abdülbari EŞER
10,000
5
26679/95
Abdülbari GÖKDEMİR
10,000
6
26679/95
Mehmet GÜNGÖRMEZ
10,000
7
26679/95
Cahit IÅžIKTAÅž
10,000
8
26679/95
Mustafa KAÇMAZ
10,000
9
26679/95
Nedim ÖZER
10,000
10
26679/95
Hüsnü KAÇAMAN
10,000
11
26679/95
Şehmus YİĞİTEL
10,000
12
26679/95
Sezayir YAÄžAN
10,000
13
26679/95
Nafiye KOÇER
10,000
14
26679/95
Giyasettin NAZLIER
10,000
15
26679/95
Ahmet ÖZBAHÇİVAN
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 instant application from the other 201 Lice applications;
Decides to strike the application out of the list in regard to the remaining applicants.
Erik Fribergh Christos Rozakis Registrar President
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