DENİZ AND OTHERS v. TURKEY
Doc ref: 56702/10, 65791/10, 65795/10, 39243/11, 39246/11, 40190/11, 43206/11, 43213/11, 43216/11, 43221/11, ... • ECHR ID: 001-159890
Document date: December 8, 2015
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SECOND SECTION
DECISION
Application no . 56702/10 Hasan DENÄ°Z against Turkey and 12 other applications (see list appended)
The European Court of Human Rights ( Second Section ), sitting on 8 December 2015 as a Committee composed of:
Paul Lemmens , President, Ksenija Turković , Jon Fridrik Kjølbro , judges,
and Abel Campos , Deputy Section Registrar ,
Having regard to the above applications lodged on the dates indicated in the appendix,
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 Mr Ö. Türkdoğan , a lawyer practising in Ankara. The Turkish Government (“the Government”) were represented by their Agent .
Relying on Articles 6, 11 and 13 of the Convention, the applicants alleged that they were given a disciplinary penalty for taking part in a demonstration and complained further of a lack of a domestic remedy to challenge the impugned disciplinary measures.
On 5 August 2015 and 17 August 2015 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against the respondent State 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 ( five hundred euros ) to cover any pecuniary and non-pecuniary damage and EUR 1,100 (one thousand one hundred euros) for costs and expenses, which will be converted into the national currency of the respondent State at the rate applicable on the date of payment, and will be free of a ny 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 the 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 7 January 2016 .
Abel Campos Paul Lemmens Deputy Registrar President
APPENDIX
No
Application No
Lodged on
Applicant
Date of birth
Place of residence
Represented by
56702/10
30/07/2010
Hasan DENÄ°Z
01/01/1979
Adana
Öztürk TÜRKDOĞAN
65791/10
15/10/2010
DoÄŸan Ali USLU
08/03/1962
Samsun
Öztürk TÜRKDOĞAN
65795/10
15/10/2010
Orhan KADEMAÄžAOÄžLU
20/07/1969
Samsun
Öztürk TÜRKDOĞAN
39243/11
16/03/2011
Sevil ESER
31/03/1975
MuÄŸla
Öztürk TÜRKDOĞAN
39246/11
16/03/2011
Nursel KARATAÅž
03/11/1964
MuÄŸla
Öztürk TÜRKDOĞAN
40190/11
16/03/2011
Ä°smet KIRBABA
01/03/1955
MuÄŸla
Öztürk TÜRKDOĞAN
43206/11
16/03/2011
Fatma KARAKUÅž
02/10/1967
MuÄŸla
Öztürk TÜRKDOĞAN
43213/11
16/03/2011
Hatice YILMAZ
01/01/1966
MuÄŸla
Öztürk TÜRKDOĞAN
43216/11
16/03/2011
Gürbüz ÇETİNKAYA
14/09/1975
MuÄŸla
Öztürk TÜRKDOĞAN
43221/11
16/03/2011
Alime EKÄ°Z
03/09/1961
MuÄŸla
Öztürk TÜRKDOĞAN
43222/11
16/03/2011
Fatma ERGÄ°N
15/01/1974
MuÄŸla
Öztürk TÜRKDOĞAN
43223/11
16/03/2011
Nevin GÃœRKAN
05/10/1973
MuÄŸla
Öztürk TÜRKDOĞAN
43226/11
16/03/2011
AyÅŸen SARI
01/01/1975
MuÄŸla
Öztürk TÜRKDOĞAN