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YILDIZ AND OTHERS v. TURKEY

Doc ref: 67974/11;14823/12;76957/12 • ECHR ID: 001-172920

Document date: March 16, 2017

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YILDIZ AND OTHERS v. TURKEY

Doc ref: 67974/11;14823/12;76957/12 • ECHR ID: 001-172920

Document date: March 16, 2017

Cited paragraphs only

SECOND SECTION

DECISION

Application no. 67974/11 Hilmi YILDIZ against Turkey and 2 other applications (see appended table)

The European Court of Human Rights (Second Section), sitting on 16 March 2017 as a Committee composed of:

Nebojša Vučinić, President, Valeriu Griţco, Stéphanie Mourou-Vikström, judges,

and Karen Reid, 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 ’ complaints under Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention were communicated to the Turkish Government (“the Government”) . In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention.

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 6 April 2017 .

Karen Reid Nebojša Vučinić Registrar President

APPENDIX

No.

Application no. Date of introduction

Applicant name

Date of birth

Representative name and location

Other complaints under well-established case-law

Date of receipt of Government declaration

Date of receipt of Applicant ’ s declaration

Amount awarded for non-pecuniary damage

per applicant

(in euros) [i]

Amount awarded for costs and expenses per application

(in euros) [ii]

67974/11

28/09/2011

Hilmi Yıldız

10/08/1957

Ateş Nazlı

Istanbul

01/08/2016

07/12/2016

3,600

500

14823/12

20/02/2012

Süleyman Kılıç

20/10/1987

DoÄŸan Baran

Istanbul

Art. 5 (5) - lack of, or inadequate, compensation for unlawful arrest or detention - rigth to compensation

01/08/2016

05/10/2016

5,000

500

76957/12

21/09/2012

Pınar Çevrim

20/12/1986

Aydınkaya Fırat

Istanbul

25/08/2016

27/01/2017

3,100

500[i] . Plus any tax that may be chargeable to the applicants.

[ii] . Plus any tax that may be chargeable to the applicants.

LEXI

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