SECOND SECTION
DECISION
Application no. 24849/07
Ömer AKÇINAR against Turkey
and 11 other applications
(see list appended)
The European Court of Human Rights (Second Section), sitting on 22 November 2016 as a Committee composed of:
Paul Lemmens, President,
Ksenija Turković,
Jon Fridrik Kjølbro, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above applications lodged on various dates indicated in the appended table,
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.
The Turkish Government (“the Government”) were represented by their Agent.
The applicants complained under Article 5 § 1 (a) of the Convention about the disciplinary room confinement sanction which had been imposed on them by their military superiors.
The Court received friendly-settlement declarations under which the applicants agreed to waive any further claims against Turkey in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will 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 undertake 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 LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court takes note of the friendly settlements reached between the parties. It is satisfied that the settlements are 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 cases 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 15 December 2016.
Hasan BakırcıPaul Lemmens
Deputy RegistrarPresident
Appendix
No
Application No
Lodged on
Applicant
Date of birth
Represented
by
Date of receipt of Government Declaration
Date of receipt of Applicants’ declaration
Amount awarded for pecuniary damage per applicant /household (in euro)
Amount awarded for costs and expenses per application (in euro)
24849/07
04/06/2007
Ömer AKÇINAR
05/01/1966
Hamza KARA
27/9/2016
10/8/2016
3,000
500
55588/08
29/10/2008
Yusuf ARIK
08/09/1977
Önder GÜMÜŞ
27/9/2016
2/9/2016
7,500
500
43665/11
20/06/2011
Muammer HİRSLİ
27/11/1990
Furkan Heysem ULUSOY
4/10/2016
8/9/2016
3,000
500
43697/11
20/06/2011
Baki ZORLU
10/01/1970
Serdar ÇALKAN
4/10/2016
1/9/2016
4,000
500
49957/11
14/06/2011
Erdal Musa APARI
30/05/1975
Ahmet BİLGİN
27/9/2016
2/8/2016
7,500
500
78502/11
16/11/2011
Ali BATIR
01/01/1976
Serdar ÇALKAN
27/9/2016
8/9/2016
4,000
500
2429/12
23/11/2011
Özgür Murat ATASOY
04/09/1980
27/9/2016
5/7/2016
5,000
54152/12
23/05/2012
Gökhan AKSU
28/06/1985
Serkan CENGİZ
27/9/2016
23/6/2016
7,500
500
65466/12
23/05/2012
Turan BULUT
23/10/1984
Serdar ÇALKAN
27/9/2016
8/9/2016
5,000
500
76909/12
21/09/2012
Ali GÖÇER
01/01/1984
Kadir GÜNDOĞAN
27/9/2016
13/7/2016
3,000
500
13250/13
20/12/2012
Kadir BAYRAKTAR
20/09/1982
Fevzi AKSOY
27/9/2016
6/7/2016
5,000
500
30581/13
24/04/2013
Yusuf Cenk KAHRAMAN
02/06/1987
Adem DEMİR
27/9/2016
6/7/2016
7,500
500
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