SECOND SECTION

DECISION

Application no. 11716/10 Adalet CAVLANLAR and O thers against Turkey

The European Court of Human Rights (Second Section), sitting on 18 December 2018 as a Committee composed of:

Ledi Bianku, President, Jon Fridrik Kjølbro , Ivana Jelić , judges, and Hasan Bakırcı, Deputy Section Registrar ,

Having regard to the above application lodged on 11 February 2010,

Having regard to the friendly settlement declaration submitted by the Government and the applicants ’ acceptance of its terms,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. A list of the applicants is set out in the appendix.

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

3. The applicants alleged that they had been shot at and injured by police officers and alleged that their shooting and the ensuing investigation into the incident had been in breach of Article, inter alia , 2 of the Convention.

4. On 7 August 2018 the Court received the following friendly settlement declaration signed by the Government:

“The Government regret the occurrence of individual cases of life-threatening injuries, as in the circumstances of the present case, notwithstanding existing Turkish legislation and the resolve of the Government to prevent such actions.

The Government admit that the investigation conducted into the allegations of infringement of right to life did not meet the standards enshrined in Article 2 of the Convention. The Government undertake to adopt all necessary measures to ensure that effective investigations will be carried out in future.

The Government of Turkey declare that they offer to pay, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, 10,000 euros (ten thousand euros) (EUR) to each of the applicants, amounting to a total of EUR 80,000 (eighty thousand euros) to cover any and all non-pecuniary damage as well as all costs and expenses including the lawyer ’ s fee, plus any tax that may be chargeable.

These sums will be converted into Turkish liras at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the decision taken by the Court to strike the case out of its list of cases. In the event of failure to pay these sums within the said three-month period, the Government undertake 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 case.”

5. In their letter of 17 October 2018 the applicants informed the Court that they accepted the Government ’ s above-mentioned friendly settlement proposal.

THE LAW

6. 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 its Protocols and finds no reasons to justify a continued examination of the application. In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 24 January 2019 .

Hasan Bakırcı Ledi Bianku Deputy Registrar President

Appendix

No.

Firstname LASTNAME

Birth year

Nationality

Place of residence

Representative

Adalet CAVLANLAR

1972Turkish

Kars

O. Gündoğdu

Abdüsselam ALTAY

1966Turkish

Kars

O. Gündoğdu

Maynur ÇAĞLAN

1973Turkish

Erzurum

O. Gündoğdu

Maruf ÇAĞLAN

1964Turkish

Kars

O. Gündoğdu

Güzel GEÇENER

1937Turkish

Kars

O. Gündoğdu

Gövercin GÖNEN

1972Turkish

Kars

O. Gündoğdu

Memet Zeki KAPLAN

1963Turkish

Kars

O. Gündoğdu

Pero KURTAAL

1985Turkish

Kars

O. Gündoğdu