SECOND SECTION

DECISION

Applications nos. 73720/14 and 77968/14 Abdullah OSMA and Others against Turkey and AyÅŸe OSMA and Others against Turkey

The European Court of Human Rights (Second Section), sitting on 2 July 2019 as a C ommittee composed of:

Julia Laffranque, President, Ivana Jelić , Arnfinn Bårdsen , judges, and Hasan Bakırcı , Deputy Section Registrar ,

Having regard to the above applications lodged on 13 November 2014 and 11 December 2014 respectively,

Having regard to the declarations submitted by the respondent Government on 14 January 2019 requesting the Court to strike the applications out of the list of cases and the applicants ’ reply to that declaration,

Having deliberated, decides as follows:

1 . The list of the applicants is set out in the appendix. They were represented by Mr A. Aktay and Mr U.Ç. Aktay , lawyers practising in Mersin.

2 . The Turkish Government (“the Government”) were represented by their Agent.

3 . The applicants complained, in particular, of the financial loss they had suffered as a result of late payment of the expropriation compensations awarded to them by the domestic courts.

4 . On 19 October 2017 the complaint concerning Article 1 of the Protocol No. 1 to the Convention was communicated to the Government and the remainder of the applications was declared inadmissible pursuant to Rule 54 § 3 of the Rules of Court.

5 . By a letter of 9 March 2018 the Court requested the applicants ’ representative to submit duly signed authority forms for the applicants Ms Ayşe Görgülü ( application no. 73720/14) and Mr Ahmet Osma ( application no. 77968/14) , which he had not done.

6 . After unsuccessful friendly-settlement negotiations, by letter dated 14 January 2019 the Government informed the Court that they proposed to make declarations with a view to resolving the issue raised by the applications.

7 . The Government acknowledged that the failure of the domestic courts to apply any default interest to the respective compensation amounts constituted an excessive burden on the applicants – except Ms Ayşe Görgülü and Mr Ahmet Osma – and breached their right to peaceful enjoyment of their possessions in the light of the Court ’ s case-law in Dökmeci v. Turkey (no. 74155/14, 6 December 2016). They undertook to pay the applicants – except Ms Ayşe Görgülü and Mr Ahmet Osma – the amounts detailed in the appended table to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. These sums will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay these sums within the said three-month period, the Government undertook to pay simple interest on them, from 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 Government further requested the Court to strike out the applications.

8 . On 12 March 2019 the Court received letters from the applicant s ’ representative informing the Court that the applicants had agreed to the terms of the Government ’ s declarations.

9 . Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

10 . The Court notes that the applicants ’ representative has failed to submit duly signed authority forms for the applicants Ms Ayşe Görgülü ( application no. 73720/14) and Mr Ahmet Osma ( application no. 77968/14) .

11 . Therefore, the Court concludes that the applications, in so far as they concern Ms Ayşe Görgülü and Mr Ahmet Osma , are incompatible ratione personae with the provisions of the Convention within the meaning of Article 35 § 3 (a) and must be rejected in accordance with Article 35 § 4 of the Convention (see Çetin v. Turkey ( dec. ), no. 10449/08, 13 September 2011) .

12 . As for the remainder of the applications, the Court finds that following the applicants ’ express agreement to the terms of the declarations made by the Government the case s should be treated as a friendly settlement between the parties.

13 . It therefore 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 its Protocols and finds no reasons to justify a continued examination of the applications.

14 . In view of the above, it is appropriate to strike the remainder of the applications out of the list .

For these reasons, the Court, unanimously,

Decides to join the applications;

Declares the application s inadmissible in so far as they relate to Ms Ayşe Görgülü ( application no. 73720/14) and Mr Ahmet Osma ( application no. 77968/14);

Decides to strike the remainder of the application s out of its list of cases pursuant to Article 39 of the Convention.

Done in English and notified in writing on 5 September 2019 .

Hasan Bakırcı Julia Laffranque Deputy Registrar President

APPENDIX

\* MERGEFORMAT

No.

Application no. Date of introduction

Applicant ’ s name

Date of birth

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per application

(in euros) [i]

73720/14

13/11/2014

Abdullah OSMA

14/07/1956

Tahsin OSMA

01/02/1949

Gülşen S İ RKE

04/03/1955

Åžerife DÃœNDAR

31/01/1950

Ayşe GÖRGÜLÜ

20/10/1945

140 (except for Ayşe Görgülü )

77968/14

11/12/2014

AyÅŸe OSMA

04/01/1932

Fadime BAÅž C I

20/11/1950

Mehmet OSMA

05/05/1952

Ä°smet OSMA

10/05/1954

YaÅŸar Åž Ä° MÅžEK

21/01/1962

Muzaffer OSMA

03/02/1964

Sultan KEÅž

10/06/1966

Konya

Sevim KILINÇ

15/02/1968

Sevgi ÇAT

06/04/1970

Ahmet OSMA

20/02/1977

82 (except for Ahmet Osma )

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