SECOND SECTION
DECISION
Application no. 13743/14
Ziya ÇİÇEKÇİ and others
against Turkey
The European Court of Human Rights (Second Section), sitting on 20 October 2015 as a Committee composed of:
Egidijus Kūris, President,
Jon Fridrik Kjølbro,
Stéphanie Mourou-Vikström, judges,
and Abel Campos, Deputy Section Registrar,
Having regard to the above application lodged on 3 May 2012,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A list of the applicants, all of them Turkish nationals, is set out in the appendix. They were represented before the Court by Mr Özcan Kılıç, a lawyer practising in Istanbul.
The Turkish Government (“the Government”) were represented by their Agent.
The applicants are the owner, editors-in-chief, editors, journalists and cartoonist of a daily newspaper published in Turkey, namely Özgür Gündem. They complained under Article 6 §§ 1, 2 and 3 and Articles 7, 10 and 13 of the Convention and under Article 1 of Protocol No. 1 of the Convention with regard to the suspension of the said newspaper’s publication for a period of seven days.
On 31 July 2015 and 28 August 2015 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 1,800 euros (EUR) (one thousand eight hundred euros) each to cover non‑pecuniary damage and EUR 1,000 (one thousand euros) jointly to cover any costs and expenses, which 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. 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 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.
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. 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 19 November 2015.
Abel CamposEgidijus Kūris
Deputy RegistrarPresident
APPENDIX Ziya ÇİÇEKÇİ born on 10/05/1974, lives in İzmit Hüseyin AYKOL born on 15/09/1956, lives in İstanbul Bayram BALCI born on 10/05/1963, lives in İstanbul Reyhan ÇAPAN born on 15/08/1983, lives in İstanbul Mehmet Ali ÇELEBİ born on 28/11/1974, lives in İstanbul Önder ELALDI born on 15/01/1982, lives in İstanbul Mehmet GELTURAN born on 25/01/1980, lives in İstanbul Halil İNCESU born on 01/03/1966, lives in İstanbul Salih SEZGİ born on 01/01/1962, lives in İstanbulSedat YILMAZ born on 13/06/1978, lives in İstanbul
Full & Egal Universal Law Academy