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GÜNAY AND OTHERS v. TÜRKİYE

Doc ref: 76406/17, 45291/18, 50753/18, 54459/18, 59144/18, 3432/19, 4118/19, 4300/19, 4301/19, 5257/19, 5413/... • ECHR ID: 001-224798

Document date: April 6, 2023

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GÜNAY AND OTHERS v. TÜRKİYE

Doc ref: 76406/17, 45291/18, 50753/18, 54459/18, 59144/18, 3432/19, 4118/19, 4300/19, 4301/19, 5257/19, 5413/... • ECHR ID: 001-224798

Document date: April 6, 2023

Cited paragraphs only

SECOND SECTION

DECISION

Application no. 76406/17 Hasan GÜNAY against Türkiye and 14 other applications

(see appended table)

The European Court of Human Rights (Second Section), sitting on 6 April 2023 as a Committee composed of:

Frédéric Krenc , President , Diana Sârcu, Davor Derenčinović , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of the applicants and their representatives is set out in the appendix.

The applicants’ various complaints under Article 5 of the Convention were communicated to the Turkish Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations. No reply was received to the Registry’s letter.

By letters dated 11 October 2022, sent by registered post, the applicants were notified that the period allowed for submission of their observations had expired on 24 August 2022 and that no extension of time had been requested.

The applicants’ attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application.

The registered letters either returned to the Court as unclaimed or were received by the applicants and to which they did not respond. There are also no previous letters from the applicants informing the Court about the change of address.

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.

In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the applications.

Accordingly, the cases should be struck 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.

Done in English and notified in writing on 11 May 2023.

Viktoriya Maradudina Frédéric Krenc Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 5 of the Convention

No.

Application no.

Case name

Lodged on

Applicant Year of Birth Place of Residence Nationality

Represented by

1.

76406/17

Günay v. Türkiye

06/10/2017

Hasan GÜNAY 1970 Manisa Turkish

Mehmet BAŞYİĞİT

2.

45291/18

Şafak v. Türkiye

13/09/2018

Gazi ÅžAFAK 1977 Yozgat Turkish

Havva Züleyha ARSLAN

3.

50753/18

Yağmurlu v. Türkiye

23/10/2018

Mustafa YAÄžMURLU 1990 Adana Turkish

Ali Yıldırım KUZUCU

4.

54459/18

Zorlu v. Türkiye

05/11/2018

ErtuÄŸrul ZORLU 1976 Ankara Turkish

Yasemin ZORLU

5.

59144/18

Tosun v. Türkiye

28/11/2018

Hüseyin TOSUN 1994 Aksaray Turkish

Mehmet TOSUN

6.

3432/19

Türkmen v. Türkiye

28/12/2018

Seyit TÜRKMEN 1988 Konya Turkish

Muhammet ERDEN

7.

4118/19

Ünaldı v. Türkiye

27/11/2018

Mustafa ÜNALDI 1969 Eskişehir Turkish

Osman Bera YURDAKUL

8.

4300/19

Dilgin v. Türkiye

03/01/2019

Kenan DİLGİN 1986 Turkish

Hüseyin AYGÜN

9.

4301/19

Akkaya v. Türkiye

07/01/2019

Ertuğrul AKKAYA 1986 Karahallı Turkish

Hüseyin AYGÜN

10.

5257/19

Bayraktar v. Türkiye

14/01/2019

Hazmi BAYRAKTAR 1968 Gümüşhane Turkish

Özcan Burak BAYRAKTAR

11.

5413/19

Uyar v. Türkiye

03/01/2019

Doğan UYAR 1967 Çorum Turkish

12.

5476/19

İnam v. Türkiye

30/11/2018

Hasan Hüseyin İNAM 1986 Konya Turkish

13.

5558/19

Kılıç v. Türkiye

25/12/2018

İsmail KILIÇ 1978 Istanbul Turkish

Hüseyin BACACI

14.

6321/19

Özata v. Türkiye

26/12/2018

Sinan ÖZATA 1985 Ordu Turkish

15.

14991/20

Arslan v. Türkiye

09/03/2020

Hayrettin ARSLAN 1987 Şanlıurfa Turkish

Veysi PEKACAR

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