SECOND SECTION
DECISION
Application no. 76406/17
Hasan GÜNAY against Türkiye
and 14 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 6 April 2023 as a Committee composed of:
Frédéric Krenc, President,
Diana Sârcu,
Davor Derenčinović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of the applicants and their representatives is set out in the appendix.
The applicants’ various complaints under Article 5 of the Convention were communicated to the Turkish Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations. No reply was received to the Registry’s letter.
By letters dated 11 October 2022, sent by registered post, the applicants were notified that the period allowed for submission of their observations had expired on 24 August 2022 and that no extension of time had been requested.
The applicants’ attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application.
The registered letters either returned to the Court as unclaimed or were received by the applicants and to which they did not respond. There are also no previous letters from the applicants informing the Court about the change of address.
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.
In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the applications.
Accordingly, the cases should be struck 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.
Done in English and notified in writing on 11 May 2023.
Viktoriya Maradudina Frédéric Krenc
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 5 of the Convention
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
Represented by
1.
76406/17
Günay v. Türkiye
06/10/2017
Hasan GÜNAY
1970
Manisa
Turkish
Mehmet BAŞYİĞİT
2.
45291/18
Şafak v. Türkiye
13/09/2018
Gazi ŞAFAK
1977
Yozgat
Turkish
Havva Züleyha ARSLAN
3.
50753/18
Yağmurlu v. Türkiye
23/10/2018
Mustafa YAĞMURLU
1990
Adana
Turkish
Ali Yıldırım KUZUCU
4.
54459/18
Zorlu v. Türkiye
05/11/2018
Ertuğrul ZORLU
1976
Ankara
Turkish
Yasemin ZORLU
5.
59144/18
Tosun v. Türkiye
28/11/2018
Hüseyin TOSUN
1994
Aksaray
Turkish
Mehmet TOSUN
6.
3432/19
Türkmen v. Türkiye
28/12/2018
Seyit TÜRKMEN
1988
Konya
Turkish
Muhammet ERDEN
7.
4118/19
Ünaldı v. Türkiye
27/11/2018
Mustafa ÜNALDI
1969
Eskişehir
Turkish
Osman Bera YURDAKUL
8.
4300/19
Dilgin v. Türkiye
03/01/2019
Kenan DİLGİN
1986
Turkish
Hüseyin AYGÜN
9.
4301/19
Akkaya v. Türkiye
07/01/2019
Ertuğrul AKKAYA
1986
Karahallı
Turkish
Hüseyin AYGÜN
10.
5257/19
Bayraktar v. Türkiye
14/01/2019
Hazmi BAYRAKTAR
1968
Gümüşhane
Turkish
Özcan Burak BAYRAKTAR
11.
5413/19
Uyar v. Türkiye
03/01/2019
Doğan UYAR
1967
Çorum
Turkish
12.
5476/19
İnam v. Türkiye
30/11/2018
Hasan Hüseyin İNAM
1986
Konya
Turkish
13.
5558/19
Kılıç v. Türkiye
25/12/2018
İsmail KILIÇ
1978
Istanbul
Turkish
Hüseyin BACACI
14.
6321/19
Özata v. Türkiye
26/12/2018
Sinan ÖZATA
1985
Ordu
Turkish
15.
14991/20
Arslan v. Türkiye
09/03/2020
Hayrettin ARSLAN
1987
Şanlıurfa
Turkish
Veysi PEKACAR