SECOND SECTION

DECISION

Application no . 37783/08 İshak Şadi ÇARSANCAKLI and O thers against Turkey (see list appended)

The European Court of Human Rights (Second Section), sitting on 28 June 2016 as a Committee composed of:

Ksenija Turković , President, Jon Fridrik Kjølbro , Georges Ravarani , judges , and Hasan Bakırcı, Deputy Section Registrar ,

Having regard to the above application lodged on 28 July 2008,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

A list of the applicants is set out in the appendix.

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

The case concerned, in particular, the allegedly unlawful nature of a number of searches carried out in the applicants ’ homes and offices in 1999.

The applicants complained under Article 8 of the Convention about the lawfulness of the searches.

On 16 November 2015 and 9 March 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 this application against an undertaking by the Government to pay each of the three applicants 1,500 euros (EUR) to cover any pecuniary and non-pecuniary damage as well as EUR 1,000 to the three applicants jointly in respect of costs and expenses, which will be converted into Turkish liras at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. The above sums 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 case.

THE LAW

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 application. 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 in accordance with Article 39 of the Convention.

Done in English and notified in writing on 21 July 2016 .

Hasan Bakırcı Ksenija Turković              Deputy Registrar President

Appendix