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KARALI AND OTHERS v. TURKEY
Doc ref: 14154/10, 14189/10, 14198/10, 14206/10, 14211/10, 14218/10, 14225/10, 25488/10, 26827/10, 26832/10, ... • ECHR ID: 001-127238
Document date: September 17, 2013
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KARALI AND OTHERS v. TURKEY
Doc ref: 14154/10, 14189/10, 14198/10, 14206/10, 14211/10, 14218/10, 14225/10, 25488/10, 26827/10, 26832/10, ... • ECHR ID: 001-127238
Document date: September 17, 2013
Cited paragraphs only
SECOND SECTION
DECISION
Application no . 14154/10 Ramazan KARALI against Turkey
and 14 other applications (see list appended)
The European Court of Human Rights (Second Section), sitting on 17 September 2013 as a Committee composed of:
Peer Lorenzen, President, András Sajó, Nebojša Vučinić, judges and Atilla Nalbant , Acting Deputy Section Registrar ,
Having regard to the above applications, listed in the Appendix,
Having deliberated, decides as follows:
THE FACTS
A list of the applicants is set out in the appendix. Additionally, the case and decision numbers of the impugned proceedings appear in the Appendix.
A. The circumstances of the case
The facts of the case, as submitted by the applicants, may be summarised as follows.
On various dates, the applicants initiated actions before various civil courts or civil proceedings were brought against them before the civil courts. Certain procedures lasted several years, however some proceedings are still pending before the domestic courts.
B. Relevant domestic law
A description of the relevant domestic law may be found in Müdür Turgut and Others ((dec.), no. 4860/09, §§ 19-26, 26 March 2013).
COMPLAINTS
The applicants complained under Article 6 § 1 of the Convention that the proceedings before the national courts had not been concluded within a reasonable time.
Certain applicants also complained that excessive length of c ivil proceedings brought against them amounted to inhuman and degrading treatment in breach of Article 3 of the Convention.
THE LAW
I. JOINDER OF THE APPLICATIONS
The Court first considers that in accordance with Rule 42 § 1 of the Rules of Court, the applications should be joined, given the similarity of the facts and of the legal issues raised.
II. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION
The applicants complained that the length of the proceedings was incompatible within the ‘‘ reasonable time ’’ requirement, laid down in Article 6 § 1 of the Convention, which reads as follows:
“In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a ... hearing within a reasonable time by a ... tribunal...”
The Court observes that the applicants asserted that the length of the proceedings was incompatible with the principle of the ‘‘ reasonable time ’’ requirement in accordance with Article 6 § 1 of the Convention. In that respect, the Court found in Müdür Turgut and Others ((dec.), cited above, §§ 58 and 60) that the Compensation Commission established by Law no. 6384, insofar as it is accessible and capable of offering reasonable prospects of redress for complaints concerning the length of proceedings constituted a remedy which applicants were required to exhaust for the purposes of Article 35 § 1 of the Convention. Accordingly, the applicants should avail themselves of the new remedy offered by Law no. 6384.
It follows that these complaints must be rejected under Article 35 §§ 1 and 4 of the Convention for non-exhaustion of domestic remedies.
III. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION
Having carefully examined the applicants ’ complaints in the light of all the material in its possession , and in so far as the matter complained of is within its competence , the Court finds that it does not disclose any appearance of a violation of the rights and freedoms set out in the Convention or its Protocols.
It follows that these parts of the applications are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
For these reasons, the Court unanimously
Decides to join the applications;
Declares the applications inadmissible.
Atilla Nalbant Peer Lorenzen Acting Deputy Registrar President
APPENDIX
No
Application No
Lodged on
Applicant
Date of birth
Place of residence
Represented by
Notes
14154/10
09/02/2010
Ramazan KARALI
13/04/1943
Şanlıurfa
Yılmaz KANBALI
Siverek Cadastral Court, E: 1991 / 22
14189/10
09/02/2010
Mustafa YILDIRIM
01/07/1953
Şanlıurfa
Yılmaz KANBALI
Siverek Cadastral Court, E: 1991/22
14198/10
09/02/2010
Sinan İGAÇ
11/12/1958
Şanlıurfa
Yılmaz KANBALI
Siverek Cadastral Court, E: 1991/22
14206/10
09/02/2010
Mehmet BÜYÜKÇAY
13/03/1933
Şanlıurfa
Yılmaz KANBALI
Siverek Cadastral Court, E: 1991/22
14211/10
09/02/2010
Mustafa KARÄžIN
01/01/1950
Şanlıurfa
Yılmaz KANBALI
Siverek Cadastral Court, E: 1991/22
14218/10
09/02/2010
Mustafa KARA
01/01/1949
Şanlıurfa
Yılmaz KANBALI
Siverek Cadastral Court, E: 1991/22
14225/10
09/02/2010
Mehmet YILDIRIM
01/07/1956
Şanlıurfa
Yılmaz KANBALI
Siverek Cadastral Court, E: 1991/22
25488/10
19/04/2010
Saadet KARACA
01/07/1962
Şanlıurfa
Yılmaz KANBALI
Siverek Cadastral Court, E: 1984/3
26827/10
19/04/2010
Ömer GÜNGEN
20/04/1949
Şanlıurfa
Abdurrahman
ÖZB İLGİ Ç
20/12/1956
Şanlıurfa
Ä°brahim
ÇAKAL
03/03/1940
Siverek
M ustafa
AY
30/07/1958
Şanlıurfa
Yılmaz KANBALI
Siverek Cadastral Court, E: 1989/23
26832/10
19/04/2010
Celal KARACA
01/07/1944
Şanlıurfa
Yılmaz KANBALI
Siverek Cadastral Court, E : 1984/3
53052/10
19/04/2010
Salih KARACA
04/08/1941
Şanlıurfa
Yılmaz KANBALI
Siverek Cadastral Court, E: 1984/3
64958/10
08/10/2010
Hüseyin ERİK
01/01/1949
Şanlıurfa
Yılmaz KANBALI
Siverek Cadastral Court, E: 1975/42 K: 2007/7
68576/10
08/10/2010
Cuma COÅžKUN
01/01/1948
Şanlıurfa
Yılmaz KANBALI
Siverek Cadastral Court, E: 1975/42 K: 2007/7
69799/10
08/10/2010
Zini ERÄ°K
01/01/1949
Şanlıurfa
Yılmaz KANBALI
Siverek Cadastral Court, E: 1975/42 K: 2007/7
69802/10
08/10/2010
DevriÅŸ ERÄ°K
01/01/1955
Şanlıurfa
Yılmaz KANBALI
Siverek Cadastral Court, E: 1975/42 K: 2007/7
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