SECOND SECTION
DECISION
Application no. 45122/12
Abdurrahman ÇAĞİL against Turkey
and 3 other applications
(see list appended)
The European Court of Human Rights (Second Section), sitting on 22 November 2016 as a Committee composed of:
Valeriu Griţco, President,
Stéphanie Mourou-Vikström,
Georges Ravarani, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above applications lodged on the 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 applicants’ complaints under Article 5 §§ 4 and 5 of the Convention concerning the non-communication of the public prosecutor’s opinion and the lack of, or inadequate, compensation for unlawful detention were communicated to the Turkish Government (“the Government”).
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 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 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 BakırcıValeriu Griţco
Deputy RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant
Date of birth
Represented by
Date of receipt
of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for pecuniary and non-pecuniary damage per applicant/household (in euros)
Amount awarded for costs and expenses per application
(in euros)
45122/12
21/05/2012
Abdurrahman ÇAĞİL
05/03/1967
Ferat ÇAĞIL
22/9/2016
20/6/2016
750
200
76993/12
21/09/2012
İhsan AKBIYIK
01/01/1984
Bilal AYDIN
06/06/1982
Ayşe ACİNİKLİ
22/9/2016
8/9/2016
750
200
78361/12
22/09/2012
Hatice DİLEK
15/11/1990
Mahsum ATAÇ
01/01/1983
Ayşe ACİNİKLİ
22/9/2016
8/9/2016
750
200
81781/12
22/09/2012
Özgür TEKİN
01/01/1981
Şeyhmus AVCI
14/05/1986
Hüseyin BOĞATEKİN
22/9/2016
27/7/2016
750
200
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