DİNÇ AND OTHERS v. TÜRKİYE
Doc ref: 33368/18, 39113/18, 40472/18, 44651/18, 45087/18, 45297/18, 45334/18, 47561/18, 47703/18, 48051/18, ... • ECHR ID: 001-224801
Document date: April 6, 2023
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SECOND SECTION
DECISION
Application no. 33368/18 Cem DİNÇ against Türkiye and 18 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 DerenÄinović , 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 Governmentâ€), 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, sent by registered post and dated 6 October 2022, the applicants were notified that the period allowed for submission of their observations had expired on the various dates 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. No reply to the letters has been received by the Court and there are 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.
33368/18
Dinç v. Türkiye
03/07/2018
Cem DİNÇ 1972 Kırıkkale Turkish
Neslin YAVUZ DİNÇ
2.
39113/18
Öztürk v. Türkiye
28/04/2018
Murat ÖZTÜRK 1975 Ordu Turkish
Neziha YILMAZ
3.
40472/18
Abalı v. Türkiye
10/08/2018
Özkan ABALI 1992 Manisa Turkish
Süleyman ŞAHİN
4.
44651/18
Atılgan v. Türkiye
06/09/2018
Ömer ATILGAN 1970 Çorum Turkish
5.
45087/18
Taşkın v. Türkiye
17/09/2018
Emre TAÅžKIN 1984 Bursa Turkish
Yasemin TAÅžKIN
6.
45297/18
Ergin v. Türkiye
21/09/2018
Mustafa ERGİN 1988 Balıkesir Turkish
Saliha ERGİN
7.
45334/18
Kaçar v. Türkiye
11/09/2018
Buhari KAÇAR 1972 Manisa Turkish
8.
47561/18
İçer v. Türkiye
06/07/2018
İbrahim İÇER 1973 Ankara Turkish
9.
47703/18
Kaplan v. Türkiye
25/09/2018
Ahmet KAPLAN 1972 Osmaniye Turkish
10.
48051/18
Yıldız v. Türkiye
25/09/2018
Adnan YILDIZ 1970 Kocaeli Turkish
11.
49298/18
Kocaer v. Türkiye
08/10/2018
Ahmet KOCAER 1966 Aksaray Turkish
Ese KOCAER
12.
49405/18
Öztürk v. Türkiye
12/10/2018
Şenol ÖZTÜRK 1989 Bolu Turkish
Nursel AKGÜN
13.
50055/18
Yılmaz v. Türkiye
06/10/2018
Yılmaz YILMAZ 1981 Zonguldak Turkish
14.
50258/18
İlhan v. Türkiye
26/09/2018
Eyüp İLHAN 1983 Konya Turkish
Meral İLHAN
15.
50627/18
Sayın v. Türkiye
22/10/2018
Mücahit SAYIN 1976 Tekirdağ Turkish
16.
50884/18
Şahin Balcık v. Türkiye
19/10/2018
Özlem ŞAHİN BALCIK 1975 Samsun Turkish
Süeda Esma ŞEN KARA
17.
51101/18
Yanmaz v. Türkiye
25/10/2018
Kazım YANMAZ 1987 SEE REP. ADDRESS Turkish
Hüseyin AYGÜN
18.
53546/18
Suyabatmaz v. Türkiye
08/11/2018
Mustafa SUYABATMAZ 1977 Ankara Turkish
Hüseyin AYGÜN
19.
53608/18
Kaya v. Türkiye
08/11/2018
Mehmet OÄŸuz KAYA 1963 Ankara Turkish
Hüseyin AYGÜN
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