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ÇAKAR AND OTHERS v. TURKEY
Doc ref: 43186/17, 43202/17, 56259/17, 56261/17, 57246/17, 57267/17, 57271/17, 58207/17, 58353/17, 63953/17, ... • ECHR ID: 001-202909
Document date: May 14, 2020
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ÇAKAR AND OTHERS v. TURKEY
Doc ref: 43186/17, 43202/17, 56259/17, 56261/17, 57246/17, 57267/17, 57271/17, 58207/17, 58353/17, 63953/17, ... • ECHR ID: 001-202909
Document date: May 14, 2020
Cited paragraphs only
SECOND SECTION
DECISION
Application no. 43186/17 Ünal ÇAKAR against Turkey and 20 other applications
(s ee appended table)
The European Court of Human Rights (Second Section), sitting on 14 May 2020 as a Committee composed of:
Ivana Jelić, President, Arnfinn Bårdsen, Darian Pavli, judges, and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application s lodged on the various dates indicated in the appended table,
Having regard to the formal declaration s accepting a friendly settlement of the case s ,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicant s is set out in the appended table.
The applicants were represented by Mr A. Aktay, a lawyer practising in Mersin.
The applicants ’ complaints under Article 1 of Protocol No.1 to the Convention concerning a judicial practice of the civil courts , in the context of expropriation proceedings , to order the parties to pay a lump sum to the opposing party in respect of legal fees were communicated to the Turkish Government (“the Government”) .
The Court received friendly-settlement declarations under which the applicant s agreed to waive any further claims against Turkey in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts 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 these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, 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 cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision .
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 applications.
In view of the above, it is appropriate to strike the case s out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention .
Done in English and notified in writing on 4 June 2020 .
{signature_p_1} {signature_p_2}
Liv Tigerstedt Ivana Jelić Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article of Protocol No.1 to the of the Convention
No.
Application no. Date of introduction
Applicant ’ s name
Date of birth
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
per applicant unless
indicated “jointly”
(in euros) [1]
43186/17
05/05/2017
Ünal ÇAKAR
20/05/1969
10/03/2020
10/12/2019
400
43202/17
05/05/2017
Ramazan TEKDAMAR
01/07/1941
10/03/2020
10/12/2019
400
56259/17
17/05/2017
Gülşen EKİZ
01/03/1965
10/03/2020
10/12/2019
400
56261/17
17/05/2017
Murat GÃœLTEKÄ°N
01/01/1972
10/03/2020
10/12/2019
400
57246/17
07/06/2017
Åžerife Ä°ZMÄ°R
01/07/1959
10/03/2020
10/12/2019
400
57267/17
07/06/2017
Osman Zeki BALLICA
01/07/1950
10/03/2020
10/12/2019
400
57271/17
07/06/2017
Hasan KARAKUÅž
06/10/1962
10/03/2020
10/12/2019
400
58207/17
12/04/2017
(5 applicants)
Fatma ÖLMEZ
05/07/1989
Nuray GÃœNAL
01/08/1987
UÄŸur DURAN
05/07/1980
Fatma DURAN
01/05/1961
Osman DURAN
25/01/1984
10/03/2020
10/12/2019
400 jointly
58353/17
07/06/2017
Hasan Hüseyin YANAR
20/10/1972
10/03/2020
10/12/2019
400
63953/17
03/07/2017
Selvi DEMİRÖRS
01/07/1945
10/03/2020
10/12/2019
400
63966/17
03/07/2017
Mümine ÇAKAR
10/12/1956
10/03/2020
10/12/2019
400
64527/17
03/07/2017
Eser KODAÅž
01/10/1960
10/03/2020
10/12/2019
400
64699/17
10/07/2017
Selvi ARDIÇ
01/10/1968
10/03/2020
10/12/2019
400
64745/17
28/02/2017
Muhsin YANAR
10/10/1975
10/03/2020
10/12/2019
400
82327/17
21/11/2017
Fatma KÄ°RAZ
01/07/1946
10/03/2020
10/12/2019
400
3052/18
06/12/2017
Yücel ALICI
06/07/1959
10/03/2020
10/12/2019
400
3116/18
14/12/2017
Bayram SÖĞÜT
16/11/1975
10/03/2020
10/12/2019
400
26076/18
17/05/2018
Mehmet ADA
01/07/1940
10/03/2020
10/12/2019
400
34055/18
04/06/2018
Yusuf YAZGAN
25/08/1950
10/03/2020
10/12/2019
400
34086/18
04/06/2018
Ahmet BOZKURT
03/02/1954
10/03/2020
10/12/2019
400
5628/19
07/12/2018
Teslime SELVÄ°DAÄž
10/01/1971
10/03/2020
10/12/2019
400[1] Plus any tax that may be chargeable to the applicants.
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