SECOND SECTION
DECISION
Application no. 51348/07
Moşe Murat AZİKRİ and İra BEHAR
against Turkey
(see appended table)
The European Court of Human Rights (Second Section), sitting on 17 December 2020 as a Committee composed of:
Branko Lubarda, President,
Carlo Ranzoni,
Pauliine Koskelo, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 7 November 2007,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Mr M. Terzi, a lawyer practising in İzmir.
The applicants’ complaints under Article 1 of Protocol No. 1 and Article 6 § 1 of the Convention, concerning the failure of the State to fulfil its legal obligation to protect the applicants’ proprietary interests by failing to verify the authenticity of the documents produced by the seller before the land registry of İzmir when they concluded a sales transaction and the lack of fairness in the related judicial proceedings, were communicated to the Turkish Government (“the Government”).
The Court received the friendly-settlement declaration, 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, subject to an undertaking by the Government to pay them the amount detailed in the appended table. This amount, to be converted into the currency of the respondent State at the rate applicable at the date of settlement, plus any tax that may be chargeable, will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertake to pay simple interest on it, 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 case before the national authorities and the European Court of Human Rights.
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 the Protocols thereto and finds no reasons to justify a continued examination of the application.
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 in accordance with Article 39 of the Convention.
Done in English and notified in writing on 21 January 2021.
Liv TigerstedtBranko Lubarda
Acting Deputy RegistrarPresident
APPENDIX
Application raising complaints under Article 1 of Protocol No. 1 and Article 6 § 1 of the Convention
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicants’ declaration
Amount awarded for pecuniary
and non-pecuniary damage
and costs and expenses
jointly to the applicants
(in euros)[1]
51348/07
07/11/2007
Moşe Murat AZİKRİ
1969
İra BEHAR
1973
Terzi Mehmet Nur
İzmir
05/05/2020
08/07/2020
40,500
[1] Plus any tax that may be chargeable to the applicants.
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