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YAZGAN AND OTHERS v. TURKEY

Doc ref: 8741/10;9415/10;19814/10;19821/10;26286/10;26811/10;39588/10 • ECHR ID: 001-179694

Document date: November 21, 2017

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YAZGAN AND OTHERS v. TURKEY

Doc ref: 8741/10;9415/10;19814/10;19821/10;26286/10;26811/10;39588/10 • ECHR ID: 001-179694

Document date: November 21, 2017

Cited paragraphs only

SECOND SECTION

DECISION

Application no. 8741/10 Ömer YAZGAN against Turkey and 6 other applications (see list appended)

The European Court of Human Rights (Second Section), sitting on 21 November 2017 as a Committee composed of:

Ledi Bianku , President, Valeriu Griţco , Stéphanie Mourou-Vikström , judges,

and Hasan Bakırcı, 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

A list of the applicants is set out in the appendix. They were all represented by G. Cando ÄŸan , a lawyer practising in Ankara.

The Turkish Government (“the Government”) were represented by their Agent.

The applicants complained under Article 6 § 1 of the Convention that the non-communication of the Chief Public Prosecutor ’ s written opinion to them during the appeal proceedings before the Supreme Administrative Court had violated their right to an adversarial and fair hearing.

On 16 August 2017 and 13 September 2017 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Turkey in respect of the facts giving rise to these applications against an undertaking by the Government to pay them each 500 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into national currency at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, 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

Given that the applications at hand concern the same facts and complaints and raise identical issues under the Convention, the Court decides to join them, pursuant to Rule 42 § 1 of the Rules of Court.

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 its Protocols and finds no reasons to justify a continued examination of the applications. In view of the above, it is appropriate to strike the case s 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 14 December 2017 .

Hasan Bakırcı Ledi Bianku Deputy Registrar President

APPENDIX

No.

Application no.

Lodged on

Applicant

Date of birth

Place of residence

8741/10

02/02/2010

Ömer YAZGAN

01/01/1948

ANKARA

9415/10

02/02/2010

Sevgi ÅžENTÃœRK

21/07/1971

Ankara

19814/10

25/02/2010

Ä°smail AKYILDIZ

18/02/1957

Ankara

19821/10

25/02/2010

Esen KALAN

22/04/1969

Ankara

26286/10

07/04/2010

Mehmet KAZ

01/07/1958

Manisa

26811/10

08/04/2010

BektaÅŸ EROÄžLU

19/03/1963

Ankara

39588/10

17/05/2010

Gülşen ORHAN

25/08/1977

Ankara

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