BARAN AND OTHERS v. TURKEY
Doc ref: 10387/17, 10393/17, 10397/17, 10399/17, 10402/17, 10404/17, 11702/17, 11703/17, 12541/17, 12551/17, ... • ECHR ID: 001-182934
Document date: April 12, 2018
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SECOND SECTION
DECISION
Application no. 10387/17 Fırat BARAN against Turkey and 21 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 Registrar,
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]
10387/17
12/01/2017
Fırat Baran
10/06/1977
14/12/2017
27/10/2017
1,300
10393/17
12/01/2017
Teyfik Tunç
08/07/1941
14/12/2017
27/10/2017
1,300
10397/17
12/01/2017
Veysel Işık
01/07/1978
14/12/2017
27/10/2017
1,300
10399/17
12/01/2017
İsa Akıl
01/08/1986
14/12/2017
27/10/2017
2,000
10402/17
12/01/2017
Şinasi Gürgan
04/04/1974
14/12/2017
27/10/2017
1,500
10404/17
12/01/2017
Naci Onar
01/01/1946
14/12/2017
27/10/2017
2,000
11702/17
12/01/2017
Emine Gürgan
10/10/1967
14/12/2017
27/10/2017
1,500
11703/17
12/01/2017
Mesut Onar
20/05/1986
14/12/2017
27/10/2017
2,000
12541/17
12/01/2017
Fehmiye Özdemir
02/01/1953
14/12/2017
27/10/2017
1,500
12551/17
09/01/2017
Zekiye Baran
01/04/1973
14/12/2017
27/10/2017
1,500
12563/17
09/01/2017
Gülcan Demir Arslan
29/11/1979
14/12/2017
27/10/2017
1,500
12821/17
09/01/2017
Mehmet Sait Baran
20/10/1966
14/12/2017
27/10/2017
1,300
15634/17
26/01/2017
Musa Akıl
19/04/1985
14/12/2017
27/10/2017
1,500
19532/17
21/11/2016
Burhan Demir
10/10/1969
14/12/2017
27/10/2017
1,300
19537/17
21/11/2016
Safiye Erdem
01/01/1953
14/12/2017
27/10/2017
1,300
19544/17
21/11/2016
Åžemsettin Yar
10/03/1979
14/12/2017
27/10/2017
1,300
19547/17
21/12/2016
Şekip Kılıç
01/01/1968
14/12/2017
27/10/2017
1,300
19553/17
21/12/2016
Adem Yar
04/04/1974
14/12/2017
27/10/2017
1,300
19556/17
21/11/2016
Sayım Barış
25/09/1968
14/12/2017
27/10/2017
1,300
19559/17
21/12/2016
Nevzat Demir
20/05/1976
14/12/2017
27/10/2017
1,300
19564/17
21/11/2016
Mehmet BaÅŸaran
05/05/1973
14/12/2017
27/10/2017
1,300
19571/17
21/12/2016
Sacide Tekin
28/02/1949
14/12/2017
27/10/2017
1,500
[i] . Plus any tax that may be chargeable to the applicants.
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