SECOND SECTION
DECISION
Application no. 24967/15
Berna BAŞPINAROĞLU
against Turkey
(see appended table)
The European Court of Human Rights (Second Section), sitting on 5 May 2022 as a Committee composed of:
Jovan Ilievski, President,
Gilberto Felici,
Diana Sârcu, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 8 May 2015,
Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases, and the applicant’s reply to this declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table. She was represented by Mr S. Cengiz, a lawyer practising in İzmir.
The applicant’s complaints under Articles 3, 6, 8 and 14 of the Convention concerning the alleged failure of domestic courts to provide an adequate reparation to the applicant, a victim of domestic violence, in her divorce proceedings, where her pecuniary and non-pecuniary claims were partially rejected on the grounds that she was mutually at fault for speaking back to her husband were communicated to the Turkish Government (“the Government”).
The Government submitted a declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application.
The declaration provided as follows:
“The Government of Turkey regrets that the fact that the applicant’s requests for pecuniary and non-pecuniary compensation in the action for divorce which is the subject matter of the present application were dismissed on the grounds that there had been mutual fault has not ensured effective protection of the rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms.
I declare that the Government of Turkey offers to pay to the applicant Bema BAŞPINAROĞLU, with a view to securing a unilateral declaration in the above-mentioned case pending before the European Court of Human Rights, EUR 7,500 (seven thousand five hundred euros) to cover any and all pecuniary and non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to the applicant.
This sum will be converted into Turkish liras at the rate applicable on the date of payment and will be payable within three months from the date of notification of the decision taken by the Court to strike the case out of its list of cases. In the event of failure to pay this sum within the said three-month period, the Government undertake 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. This payment will constitute the final resolution of the case before the European Court of Human Rights.”
The Court received a letter from the applicant informing the Court that she had agreed to the terms of the Government’s declaration.
THE LAW
The Court finds that, following the applicant’s express agreement to the terms of the declaration made by the Government, the case should be treated as a friendly settlement between the parties.
It therefore 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 the continued examination of the application.
Moreover, the Court notes that the relevant parts of the Code of Civil Procedure were amended in July 2018. According to the amendment, applicants in Turkey now can request the reopening of domestic proceedings not only in cases in which the Court has found a violation of the Convention, but also if their applications have been struck out by the Court on the basis of friendly settlements or on the basis of unilateral declarations submitted by the Government.
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 25 May 2022.
Viktoriya Maradudina Jovan Ilievski
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Articles 3, 6, 8 and 14 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 applicant’s acceptance
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
(in euros)[1]
24967/15
08/05/2015
Berna BAŞPINAROĞLU
1979
Cengiz Serkan
İzmir
29/12/2021
04/02/2022
7,500
[1] Plus any tax that may be chargeable to the applicant.