GÖÇMEN AND OTHERS v. TURKEY
Doc ref: 30141/10;38337/10;41308/10;49021/10 • ECHR ID: 001-177512
Document date: September 5, 2017
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SECOND SECTION
DECISION
Application no . 30141/10 Kemal GÖÇMEN against Turkey and 3 other applications (see list appended)
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 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 Ms D. Demirel , a lawyer practising in Ankara.
The Turkish Government (“the Government”) were represented by their Agent.
The applicants, public agents, complained that the disciplinary sanctions of warning or reprimand that were imposed on them for taking part in a demonstration, had infringed their right to freedom of association. They further complained about the absence of a domestic remedy to challenge these disciplinary sanctions. They relied on Articles 6 § 1, 11 and 13 of the Convention.
On 5 August 2015 and 16 August 2016 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 ex gratia to each of them 500 euros (EUR) to cover any pecuniary and non-pecuniary damage and a total of EUR 1,850 to cover any and all 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 28 September 2017 .
Hasan Bakırcı Julia Laffranque Deputy Registrar President
Appendix
No.
Application no.
Lodged on
Applicant
Date of birth
Place of residence
30141/10
12/05/2010
Kemal GÖÇMEN
12/02/1961
Mersin
38337/10
05/05/2010
Mehmet ALYÃœZ
01/01/1954
Bursa
Sadık ERAYDIN
07/04/1962
Aydın
Cüneyt DAĞAŞAN
04/03/1962
Aydın
Hacı Ali BOZTAŞ
10/10/1984
Aydın
41308/10
15/04/2010
Ä°lyas ATAÅž
22/03/1962
Manisa
Abdulkadir BAYDUR
01/01/1969
Manisa
Süreyya UŞAKLI
03/07/1965
Manisa
Ali SAVAÅž
02/03/1961
Ä°zmir
Esin UYAR
22/09/1962
Manisa
Özlem ZERENER
21/05/1970
Manisa
Yıldırım USLU
28/06/1965
Manisa
AyÅŸe ArmaÄŸan ERSAN
21/07/1980
Manisa
Atalay DOÄžAN
01/11/1956
Manisa
Nuriye TUNCAR
23/02/1970
Manisa
Güler METE
25/08/1970
Manisa
Muharrem SÄ°VRÄ°LER
01/07/1956
Manisa
Gülsen MUTLUAY
06/05/1964
Manisa
Ayhan ESMEROÄžLU
01/01/1967
Ä°zmir
Oya UZUN
07/04/1964
Ä°zmir
Nalan PEYNÄ°RCÄ°
07/03/1963
Manisa
Cemile Bahar SERT
15/04/1967
Manisa
Selami YAMAN
01/01/1962
Manisa
Fikret PEKÅžEN
Manisa
Serhat ÖZTÜRK
25/04/1974
Manisa
Mehmet TANRIOVER
06/05/1953
Manisa
Selma TANRISEVEN
01/02/1959
Ä°zmir
49021/10
20/07/2010
Ali ÇELEBİ
27/07/1963
Antalya