SECOND SECTION
DECISION
Application no. 18506/06
by Mustafa ASLAN and Others
against Turkey
The European Court of Human Rights (Second Section), sitting on 13 September 2011 as a Committee composed of:
David Thór Björgvinsson, President,
Giorgio Malinverni,
Guido Raimondi, judges,
and Françoise Elens-Passos, Deputy Section Registrar,
Having regard to the above application lodged on 24 April 2006,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicants are Turkish nationals who live in Diyarbakır. Their names and dates of birth are indicated in the Appendix. They were represented before the Court by Ms A. Pamukçu Yördem, a lawyer practising in Diyarbakır. The Turkish Government (“the Government”) were represented by their Agent.
The applicants complained under Article 6 § 1 of the Convention about the excessive length of proceedings concerning the registration of certain plots of land following cadastral surveys.
On 24 June 2010 and 20 April 2011 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Turkey in respect of the facts giving rise to this application against an undertaking by the Government to pay them EUR 19,000 (nineteen thousand euros) jointly to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would be converted into Turkish Liras at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, from 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 case.
THE LAW
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is 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 application (Article 37 § 1 in fine of the Convention).
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Françoise Elens-PassosDavid Thór Björgvinsson
Deputy RegistrarPresident
APPENDIX
Application no.
Date of introduction
Applicant’s name, date of birth and place of residence
Name of representative
18506/06
24/4/2006
Mustafa Aslan
13/11/1943
Diyarbakır
Mehmet Aslan
03/09/1941
Diyarbakır
Hüseyin Aslan
28/09/1944
Diyarbakır
Arzu Pamukçu Yördem
Full & Egal Universal Law Academy