SECOND SECTION
DECISION
Application no. 26192/13
Habip AKBABA against Turkey
and 16 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 7 June 2018 as a Committee composed of:
Valeriu Griţco, President,
Jon Fridrik Kjølbro,
Stéphanie Mourou-Vikström, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings were communicated to the Turkish Government (“the Government”).
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.
After unsuccessful friendly-settlement negotiations, the Government informed the Court that they proposed to make unilateral declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications in accordance with Article 37 of the Convention.
The Government acknowledged the excessive length of civil proceedings. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertook to pay simple interest on them, 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 applicants were sent the terms of the Government’s unilateral declarations several weeks before the date of this decision. The Court has not received a response from the applicants accepting the terms of the declarations.
The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:
“... for any other reason established by the Court, it is no longer justified to continue the examination of the application”.
Thus, it may strike out applications under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicants wish the examination of the cases to be continued (see, in particular, Tahsin Acar v. Turkey (preliminary objections) [GC], no. 26307/95, §§ 75‑77, ECHR 2003-VI).
The Court has established clear and extensive case-law concerning complaints relating to the excessive length of civil proceedings (see, for example, Daneshpayeh v. Turkey, no. 21086/04, 16 July 2009).
Noting the admissions contained in the Government’s declarations as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the applications (Article 37 § 1 (c)).
In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the applications (Article 37 § 1 in fine).
Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declarations, the applications may be restored to the list in accordance with Article 37 § 2 of the Convention (Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Takes note of the terms of the respondent Government’s declarations and of the arrangements for ensuring compliance with the undertakings referred to therein;
Decides to strike the applications out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.
Done in English and notified in writing on 28 June 2018.
Liv TigerstedtValeriu Griţco
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
(excessive length of civil proceedings)
No.
Application no.
Date of introduction
Applicant name
Date of birth
Representative name and location
Date of receipt of Government’s declaration
Date of receipt of applicant’s comments, if any
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in euros)[i]
26192/13
07/04/2013
Habip Akbaba
01/03/1963
Sümer Rudi
Mardin
07/02/2018
13/03/2018
1,300
58679/16
06/09/2016
Abbas Emre
01/01/1955
Kırdök Mehmet Ali
Istanbul
01/02/2018
20/03/2018
1,300
1741/17
22/11/2016
Metin Değirmenci
04/11/1969
Akdoğan Kerem
Van
01/02/2018
19/03/2018
1,800
2951/17
24/11/2016
Metin Bozooğlu
10/01/1962
Hanbayat Yeşil Meral
Istanbul
01/02/2018
20/03/2018
1,300
2995/17
24/11/2016
Selvi Ağgül
06/04/1935
Kırdök Mehmet Ali
Istanbul
01/02/2018
20/03/2018
1,300
3013/17
24/11/2016
Zabit Kul
01/05/1950
Kırdök Mehmet Ali
Istanbul
01/02/2018
20/03/2018
1,300
3038/17
24/11/2016
Riza Bozooğlu
01/04/1956
Kırdök Mehmet Ali
Istanbul
01/02/2018
20/03/2018
1,300
3042/17
24/11/2016
Ali Doru
12/01/1958
Kırdök Mehmet Ali
Istanbul
01/02/2018
20/03/2018
1,300
3708/17
24/11/2016
Emir Ali Bozooğlu
01/04/1958
Hanbayat Yeşil Meral
Istanbul
01/02/2018
20/03/2018
1,300
3722/17
24/11/2016
Erdoğan Güngör
06/02/1961
Hanbayat Yeşil Meral
Istanbul
01/02/2018
20/03/2018
1,300
3735/17
24/11/2016
Ahmet Elmas
01/01/1955
Hanbayat Yeşil Meral
Istanbul
01/02/2018
20/03/2018
1,300
3782/17
24/11/2016
Abbas Ağgül
05/05/1970
Hanbayat Yeşil Meral
Istanbul
01/02/2018
20/03/2018
1,300
3808/17
24/11/2016
Kenan Ağgül
20/05/1966
Hanbayat Yeşil Meral
Istanbul
01/02/2018
20/03/2018
1,300
3831/17
24/11/2016
Keziban Bozooğlu
03/08/1938
Hanbayat Yeşil Meral
Istanbul
01/02/2018
20/03/2018
1,300
3849/17
24/11/2016
Hamu Elmas
01/07/1935
Hanbayat Yeşil Meral
Istanbul
01/02/2018
20/03/2018
1,300
3919/17
24/11/2016
İbrahim Ağgül
01/01/1968
Hanbayat Yeşil Meral
Istanbul
01/02/2018
20/03/2018
1,300
3936/17
24/11/2016
Teslim Kırmızıtaş
13/05/1960
Hanbayat Yeşil Meral
Istanbul
01/02/2018
20/03/2018
1,300
[i]. Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy