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SEVIMLI AND OTHERS v. TURKEY
Doc ref: 78648/14;957/15;2434/15;2463/15;20156/15;22231/15;26370/15;29300/15 • ECHR ID: 001-189439
Document date: December 13, 2018
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SEVIMLI AND OTHERS v. TURKEY
Doc ref: 78648/14;957/15;2434/15;2463/15;20156/15;22231/15;26370/15;29300/15 • ECHR ID: 001-189439
Document date: December 13, 2018
Cited paragraphs only
SECOND SECTION
DECISION
Application no. 78648/14 Fatma SEVIMLI against Turkey
and 7 other applications (see appended table)
The European Court of Human Rights (Second Section), sitting on 13 December 2018 as a Committee composed of:
Valeriu Griţco , President, Jon Fridrik Kjølbro , Stéphanie Mourou-Vikström , 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 deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented before the Court by Mr Adil Aktay , a lawyer practising in Mersin.
In 2009 plots of land belonging to the respective applicants were expropriated by the administration. Relying on Article 1 of Protocol No.1 to the Convention, each applicant complained about the loss suffered as a result of the discrepancy between the value of compensation at the time of the application to the domestic court and its value when it was actually paid due to lack of interest.
The applicants ’ complaints in this regard were communicated to the Turkish Government (“the Government”), who submitted their observations on the admissibility and merits on 22 February 2018. In their observations, the Government informed the Court that the applicants had died on the dates indicated in the appended table.
By a letter dated 9 March 2018, sent by registered post, the applicants ’ representative was asked to indicate by 30 March 2018 whether the applicants ’ respective heirs wished to continue the applications. Upon the request of the applicants ’ representative, the time-limit was extended until 24 April 2018. However, no response has been received.
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 considers that, in these circumstances, the respective heirs of the applicants may be regarded as no longer wishing to pursue the applications (Article 37 § 1 (a) of the Convention). Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and the Protocols thereto which require the continued examination of the applications.
Accordingly, the cases should be struck 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.
Done in English and notified in writing on 17 January 2019 .
Liv Tigerstedt Valeriu Griţco Acting Deputy Registrar President
APPENDIX
No.
Application no. Date of introduction
Applicant ’ s name
Date of birth
Date of death
78648/14
05/12/2014
Fatma Sevimli
01/01/1928
07/10/2015
957/15
31/12/2014
Şerife Göker
17/12/1931
26/11/2015
2434/15
31/12/2014
Hüseyin Sarı
31/12/1931
28/11/2016
2463/15
24/12/2014
M. Salim Küçüksu
11/01/1933
06/04/2017
20156/15
22/04/2015
Hüseyin Sarı
31/12/1931
28/11/2016
22231/15
04/05/2015
Şerife Göker
17/12/1931
26/11/2015
26370/15
20/05/2015
Hüseyin Sarı
31/12/1931
28/11/2016
29300/15
27/05/2015
Mehmet Salim Küçüksu
11/01/1933
06/04/2017
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