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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

  • Inbound citations: 75
  • Cited paragraphs: 0
  • Outbound citations: 1

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

Cited paragraphs only

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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