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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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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

Cited paragraphs only

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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