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ALGAN AND OTHERS v. TURKEY
Doc ref: 12577/16;12599/16;12604/16;12608/16;12612/16;12615/16;12624/16;19552/16 • ECHR ID: 001-182924
Document date: April 12, 2018
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ALGAN AND OTHERS v. TURKEY
Doc ref: 12577/16;12599/16;12604/16;12608/16;12612/16;12615/16;12624/16;19552/16 • ECHR ID: 001-182924
Document date: April 12, 2018
Cited paragraphs only
SECOND SECTION
DECISION
Application no. 12577/16 Nurettin ALGAN against Turkey and 7 other applications (see list appended)
The European Court of Human Rights (Second Section), sitting on 12 April 2018 as a committee composed of:
Valeriu Griţco , President, Jon Fridrik Kjølbro , Stéphanie Mourou-Vikström , judges, and Liv Tigerstedt, Acting Deputy Section R egistrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Mr Saim Bozkurt, a lawyer practising in Ankara.
The applicants ’ complaints under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings were communicated to the Turkish Government (“the Government”) .
The Court received friendly-settlement declarations under which the applicants 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 cases 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 3 May 2018 .
Liv Tigerstedt Valeriu Griţco Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
( excessive length of civil proceedings)
No.
Application no. Date of introduction
Applicant name
Date of birth
Date of receipt of Government declaration
Date of receipt of Applicant ’ s declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros) [i]
12577/16
19/02/2016
Nurettin Algan
20/05/1966
16/02/2018
07/12/2016
1,500
12599/16
19/02/2016
Selahattin Kaplan
01/01/1959
16/02/2018
07/12/2016
800
12604/16
19/02/2016
Åžaziye Åžahin
01/04/1935
16/02/2018
07/12/2016
800
12608/16
19/02/2016
Ä°lyas Algan
25/06/1972
16/02/2018
07/12/2016
1,500
12612/16
19/02/2016
Kazim Algan
04/05/1965
16/02/2018
07/12/2016
800
12615/16
19/02/2016
Samet Kartal
07/10/1971
16/02/2018
07/12/2016
800
12624/16
19/02/2016
Mehmet Ali AkdaÅŸ
16/01/1953
16/02/2018
07/12/2016
1,300
19552/16
16/03/2016
Abdurrahman Onar
02/04/1939
16/02/2018
07/12/2016
1,300
[i] . Plus any tax that may be chargeable to the applicants.
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