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CÖMERT AND OTHERS v. TURKEY

Doc ref: 17027/06 • ECHR ID: 001-177470

Document date: September 5, 2017

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CÖMERT AND OTHERS v. TURKEY

Doc ref: 17027/06 • ECHR ID: 001-177470

Document date: September 5, 2017

Cited paragraphs only

SECOND SECTION

DECISION

Application no . 17027/06 Hamza CÖMERT and others against Turkey

The European Court of Human Rights (Second Section), sitting on 5 September 2017 as a Committee composed of:

Julia Laffranque , President , Paul Lemmens, Valeriu Griţco , judges ,

and Hasan Bakırcı, Deputy Section Registrar ,

Having regard to the above application lodged on 27 April 2006,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. A list of the applicants is set out in the appendix. They were represented before the Court by Mr Gökhan Nurtin , Ms B. Işın Yıldırım and Mr Gencer Hazır , lawyers practicing in Ankara. The Turkish Government (“the Government”) were represented by their Agent.

2. The applicants, who were employed by the İslâhiye Municipality (the municipality), were either dismissed or were retired . They subsequently brought separate actions before domestic courts, claiming their outstanding salaries, dismissal indemnities, severance pay and/or other pecuniary rights.

3. The domestic courts ordered the municipality to pay certain amounts favouring the applicants ’ claims. However, when the application was lodged with the Court, the applicants had still not been paid the outstanding amounts in full.

4. The case was communicated to the Government under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention.

5. Following the communication of the case, by a letter dated 23 February 2017, the applicants ’ representative was requested to submit further factual information. In particular, he was invited to inform the Court about the outcome of the proceedings before the Compensation Commission, set up by Law no. 6384 of 9 January 2013. The representative ’ s attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicants do not intend to pursue the application.

6. According to the information obtained from the official website of the Turkish Postal Service, on 3 March 2017 the letter was delivered to the applicants ’ representative. However, no response has been received.

THE LAW

The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their application, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine , the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the case.

In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases.

Done in English and notified in writing on 28 September 2017 .

Hasan Bakırcı Julia Laffranque Deputy Registrar President

Appendix

N o .

First name

LAST NAME

Birth date

Place of residence

Hamza CÖMERT

04/03/1942

Gaziantep

Halil ASLAN

01/01/1959

Gaziantep

Ömer ATEŞ

01/01/1960

Gaziantep

Şıh Mehmet AYAZ

01/01/1961

Gaziantep

Hüseyin ÇALIK

01/01/1960

Gaziantep

Ali DEM Ä° R

01/01/1945

Gaziantep

Erdal EROL

01/01/1971

Gaziantep

Ramazan GÖZEL

01/01/1965

Gaziantep

Ertaç HÜMAZ

26/03/1989

Gaziantep

Hasan HÃœMAZ

02/03/1988

Gaziantep

Hatice HÃœMAZ

01/01/1955

Gaziantep

Nurcan HÃœMAZ

02/03/1988

Gaziantep

Sebaha Ä° NCEARIK

10/09/1978

Gaziantep

Ökkeş KAHRIMAN

01/01/1959

Gaziantep

Ökkeş KARADAŞ

01/01/1968

Gaziantep

Abdurrahman KAYA

01/01/1956

Gaziantep

Hikmet KORKUT

01/01/1961

Gaziantep

Hüseyin ŞENAVCI

01/01/1949

Gaziantep

Ökkeş SÖNMEZ

01/01/1962

Gaziantep

Serpil TAŞÇI

10/10/1980

Gaziantep

Kadir ÃœM Ä° T

01/01/1960

Gaziantep

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