SECOND SECTION
DECISION
Application no. 44969/04
by Neşe GÜN and Others
against Turkey
The European Court of Human Rights (Second Section), sitting on 10 November 2009 as a Chamber composed of:
Françoise Tulkens, President,
Ireneu Cabral Barreto,
Danutė Jočienė,
András Sajó,
Nona Tsotsoria,
Işıl Karakaş,
Kristina Pardalos, judges,
and Sally Dollé, Section Registrar,
Having regard to the above application lodged on 12 November 2004,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicants, Ms Neşe Gün, Mr Ümit Gün, Mr Zülküf Gün, Mr Kenan Gün and Ms Firdevs Gün, are Turkish nationals who were born in 1961, 1958, 1963, 1959 and 1934 respectively and live in Sakarya, Balıkesir and Diyarbakır. They are represented before the Court by Mr A. Odabaşı and Mr Ö. F. Aşkın, lawyers practising in Diyarbakır. The Turkish Government (“the Government”) were represented by their Agent.
The applicants complained of a violation of Article 6 § 1 of the Convention. On 10 December 2008 the President of the Second Section decided to give notice of the application to the respondent Government.
On 10 February and 23 June 2009 the Court received friendly settlement declarations signed by the parties by 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 each of the applicant 3,000 euros (three thousand) to cover any pecuniary and non-pecuniary damage, as well as 500 euros (five hundred), jointly, to cover costs and expenses, which would be converted into Turkish liras at the rate applicable on the date of payment, and free of any taxes that may be applicable. This sum would be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. 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 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 public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention).
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.
Sally Dollé Françoise Tulkens
RegistrarPresident
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