SECOND SECTION
DECISION
Application no. 38890/10
Murat GENÇ against Turkey
and 6 other applications
(see list appended)
The European Court of Human Rights (Second Section), sitting on 1 September 2016 as a Committee composed of:
Nebojša Vučinić, President,
Valeriu Griţco,
Stéphanie Mourou-Vikström, 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
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention were communicated to the Turkish Government (“the Government”). In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention.
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 the Protocols thereto 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 22 September 2016.
Hasan BakırcıNebojša Vučinić
Deputy RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant name
Date of birth /
Date of registration
Representative name and location
Other complaints under well-established case-law
Date of receipt of Government declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage
per applicant / household
(in euros)[i]
Amount awarded for costs and expenses per application
(in euros)[ii]
38890/10
10/05/2010
Murat GENÇ
1969
Erbil Mehmet
Istanbul
21/06/2016
05/02/2016
6,900
500
47641/10
15/07/2010
Suat ÇALIŞKAN
1981
Kaya Abdulhakim
Istanbul
Art. 5 (4) - excessive length of judicial review of detention - The lack of communication of the public prosecutor’s opinion. (See Altınok v. Turkey), Art. 5 (5) - lack of, or inadequate, compensation for unlawful arrest or detention - To be communicated in connection with
Article 5 §§ 3 and 4.
21/06/2016
04/04/2016
4,800
500
40468/11
17/01/2011
Ahmet KÖTEN
1980
21/06/2016
04/03/2016
4,000
50983/11
13/06/2011
Fehim DAĞDANA
1976
Kaya Abdulhakim
Istanbul
Art. 5 (4) - excessive length of judicial review of detention - non-communication of the public prosecutor’s opinion
(Altınok v. Turkey)
21/06/2016
04/04/2016
4,500
500
72832/11
10/11/2011
Canan TİKVA
1980
Bıçakcı Can
Istanbul
21/06/2016
03/02/2016
2,600
500
63884/12
02/08/2012
Nurican AKKALE
1991
Çalışcı Hüseyin
Istanbul
Art. 5 (5) - lack of, or inadequate, compensation for unlawful arrest or detention - This complaint should be communicated in connection with the complaint raised under Article 5 § 3.
21/06/2016
12/02/2016
2,400
500
78019/12
06/09/2012
İbrahim BALANDI
1975
Çalışcı Hüseyin
Istanbul
Art. 5 (5) - lack of, or inadequate, compensation for unlawful arrest or detention.
21/06/2016
12/02/2016
3,000
500
[i] Plus any tax that may be chargeable to the applicants.
[ii] Plus any tax that may be chargeable to the applicants.
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