DEMIREL AND OTHERS v. TURKEY
Doc ref: 38027/15, 38031/15, 38043/15, 38324/15, 38491/15, 38606/15, 38608/15, 40472/15, 51812/15, 60208/15, ... • ECHR ID: 001-182050
Document date: March 8, 2018
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SECOND SECTION
DECISION
Application no. 38027/15 Mehmet DEMIREL against Turkey and 15 other applications (see appended table)
The European Court of Human Rights (Second Section), sitting on 8 March 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 29 March 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]
38027/15
15/07/2015
Mehmet Demirel
15/09/1970
14/12/2017
04/07/2017
1,300
38031/15
15/07/2015
AbdulÄŸafur AÅŸka
01/01/1947
14/12/2017
04/07/2017
800
38043/15
15/07/2015
Abdurrahman Çelebi
02/02/1951
14/12/2017
04/07/2017
1,300
38324/15
15/07/2015
Nusreddin Tunç
17/12/1963
14/12/2017
04/07/2017
1,300
38491/15
15/07/2015
Abdullatif Tunç
10/12/1971
14/12/2017
04/07/2017
1,300
38606/15
15/07/2015
İrfan Tunç
18/04/1978
14/12/2017
04/07/2017
1,300
38608/15
15/07/2015
Aydın Sunar
23/03/1977
14/12/2017
04/07/2017
1,300
40472/15
27/07/2015
Aydın Barık
20/02/1951
14/12/2017
04/07/2017
800
51812/15
05/10/2015
Mehmet Can Demir
10/09/1970
14/12/2017
04/07/2017
800
60208/15
25/11/2015
Mahmut Demir
06/06/1971
14/12/2017
04/07/2017
800
778/16
08/12/2015
Sadi Demir
03/04/1969
14/12/2017
04/07/2017
800
914/16
08/12/2015
Mehmet Åžirin Vural
10/07/1977
14/12/2017
04/07/2017
800
2983/16
08/12/2015
Şevket Koç
01/04/1963
14/12/2017
04/07/2017
800
2989/16
08/12/2015
Sıracettin Demir
20/08/1982
14/12/2017
04/07/2017
1,300
2999/16
22/12/2015
Fahrettin Çoban
20/12/1959
14/12/2017
04/07/2017
1,300
4481/16
08/12/2015
Mehmet AÅŸka
05/05/1975
14/12/2017
04/07/2017
1,300
[i] . Plus any tax that may be chargeable to the applicants.
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