SECOND SECTION
DECISION
AS TO THE ADMISSIBILITY OF
This version was rectified on 25 November 2014
under Rule 81 of the Rules of the Court.
Applications nos. 28506/95 and 30780/96
by Asliye CANPOLAT
against Turkey
The European Court of Human Rights (Second Section), sitting on 22 March 2001 as a Chamber composed of
MrC.L. Rozakis, President,
MrA.B. Baka,
MrG. Bonello,
MrsV. Strážnická,
MrP. Lorenzen,
MrM. Fischbach, judges,
MrF. Gölcüklü, ad hoc judge,
and Mr E. Fribergh, Section Registrar,
Having regard to the above applications introduced with the European Commission of Human Rights on 4 August 1995 and 15 December 1995 and registered on 12 September 1995 and 26 March 1996,
Having regard to Article 5 § 2 of Protocol No. 11 to the Convention, by which the competence to examine the applications was transferred to the Court,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,
Having deliberated, decides as follows:
FACTS AND COMPLAINTS
The applicant is a Turkish national living in the Lice district of the province of Diyarbakır (Turkey). She is represented before the Court by Mr Hasip Kaplan, a lawyer practising in Istanbul.
In her applications the applicant complained that her husband, Ali Canpolat[1], was killed and her house destroyed as a result of the random and disproportionate gunfire of the security forces in the course of clashes between the latter and PKK militants in Lice. She alleged that her rights guaranteed by Articles 2, 3, 5, 6, 13, 14 and 18 of the Convention and Article 1 of Protocol No. 1 had been violated.
PROCEDURE
Following informal contacts between the applicant’s and the Government’s representatives, the Section Registrar was asked to assist the parties in reaching a solution to the matter.
As a result, the Registrar proposed that the applicant withdraw the applications on the condition that the Government pay to the applicant the sum of 25,000 pounds sterling free of any taxes which may be applicable and to be converted into Turkish liras at the rate applicable on the date of payment.
By letters of 19 January and 2 February 2001 the Government and the applicant respectively agreed to the proposal.
THE LAW
The Court takes note of the applicant’s withdrawal of the applications on the basis of the agreement reached between the parties (Article 37 § 1 (a) and (b) of the Convention). The Court considers that there is no reason which would justify the continuation of the examination of the applications.
For these reasons, the Court
Decides to disjoin the instant applications from the other 201 Lice applications;
Decides to join the instant applications;
Decides to strike the applications out of the list.
Erik FriberghChristos Rozakis
RegistrarPresident
[1]. Rectified on 25 November 2014: the last name of the applicant’s husband was “Ali Cantürk”.
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