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KARAKOYUN AND OTHERS v. TURKEY

Doc ref: 44205/04;44232/04;44267/04 • ECHR ID: 001-178884

Document date: October 17, 2017

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KARAKOYUN AND OTHERS v. TURKEY

Doc ref: 44205/04;44232/04;44267/04 • ECHR ID: 001-178884

Document date: October 17, 2017

Cited paragraphs only

SECOND SECTION

DECISION

Application no . 44205/04 Naz i fe KARAKOYUN and others against Turkey and 2 other applications (see list appended)

The European Court of Human Rights (Second Section), sitting on 17 October 2017 as a Committee composed of:

Julia Laffranque , President, Jon Fridrik Kjølbro , 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. The applicants are Turkish nationals. They were all represented by Mr C. Batmanlı , a lawyer practicing in Diyarbakır.

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

The applicants complained under Article 6 § 1 of the Convention about the length of civil proceedings and the infringement of their right of access to a court. They further complained under Article 1 of Protocol No. 1 to the Convention, taken alone and in conjunction with Article 14 of the Convention, that the domestic courts ’ decisions to apply the statutory rate of default interest to the sum they had been owed instead of the maximum rate applicable to formal expropriation procedures , as defined in Article 46 of the Constitution, had led to reduction in the amounts of compensation for de facto expropriation of their plots of land.

The applicants ’ complaints were communicated to the Government.

On 5 September 2016 and 17 April 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 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 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

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 settlements reached between the parties. It is satisfied that the settlements are 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 16 November 2017 .

Hasan Bakırcı NebojÅ¡a Vučinić Deputy Registrar President

APPENDIX

No.

Application no.

Lodged on

Applicant

Amount awarded for non-pecuniary damage and costs and expenses per application (in euro)

44205/04

03/11/2004

Nazife KARAKOYUN

Selahattin GEYLANÄ°

Cemalettin GEYLANÄ°

Hediye SÃœMER

Bedri KARAKOYUN

Mesuriye KARAKOYUN

Zeynelabidin SÃœMER

Ahmet SÃœMER

Hülya SÜMER

Mukaddes SÃœMER

Münevver SÜMER

Aliye SÃœMER

Mehmet Faik SÃœMER

Mehmet Cevat SÃœMER

Muzaffer SÃœMER

Mehmet SÃœMER

Remziye KARAKOYUN

Murat KARAKOYUN

Halise KARAKOYUN

M. Mehdi BÄ°RTANE

Kudret BÄ°RTANE

Fürüzan ÜSTÜN

Mehmet ÃœSTÃœN

Nurten ÃœSTÃœN (BÄ°RTANE)

Bedrettin ÃœSTÃœN

Muhyettin ÃœSTÃœN

Sakine GEYLANÄ°

Pirozhan BÄ°RTANE

Hasan GEYLANÄ°

Fatma BÄ°RTANE

Kutbettin GEYLANÄ°

Sadetin GEYLANÄ°

Hatice GEYLANÄ°

Muhlise GEYLANÄ°

Kasım GEYLANİ

Gülşen GEYLANİ

Rasim GEYLANÄ°

Ekrem GEYLANÄ°

Meral GEYLANÄ°

Ahmet KARAKOYUN

Hamdiye KARAKOYUN

Meyase KARAKOYUN

Sudeti SÃœMER

Åžefika SÃœMER

Peyruz Etece SÃœMER

Naime SÃœMER

Nazife SÃœMER

Mehmet Bakır SÜMER

Nuran CÄ°ZRELÄ°OÄžLU

Sabahat GEYLANÄ°

4,000

44232/04

01/11/2004

Remziye KÜÇÜK

Hediye SÃœMER

6,000

44267/04

03/11/2004

Safyete TURAN

Fatma ISLANMAZ

Mehmet Emin ISLANMAZ

Yusuf ISLANMAZ

Abdulsemet ISLANMAZ

Mevlüde ISLANMAZ

Burhan ISLANMAZ

Edibe ISLANMAZ

Kamile ISLANMAZ

Rindıhan ISLANMAZ

Kenan ISLANMAZ

Ahmet ISLANMAZ

Atiye ISLANMAZ

Hasibe ISLANMAZ

Kesra TURAN

Hacire TURAN

Rabia ISLANMAZ

Muhsine DURUK

Fatma TURAN

Hediye TURAN

Salih TURAN

Hazal TURAN

Çiçek TURAN

Netice TURAN

Songül TURAN

Bahattin TURAN

Müzeyyen TURAN

Åžirin TURAN

Naile TURAN

Kasım TURAN

Selahattin TURAN

Feride TURAN

HaÅŸim TURAN

Nazife TURAN

Rahime UYSAL

Münevver TURAN

Mehmet Tahir TURAN

Gölver TURAN

Faik TURAN

Ziyaver TURAN

Medihan TURAN

Hamza TURAN

Ebedin TURAN

Aydın TURAN

Nadile TURAN

Bedriye TURAN

Faruk TURAN

Fahriye TURAN

Mehmet TURAN

Hülya TURAN

Abdulkudus TURAN

Zehra TURAN

Suat TURAN

Seyfettin TURAN

Mehmet Ali BOÄžA

Cengiz TURAN

7,500

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