SECOND SECTION
DECISION
Application no. 55463/10
Giyasettin GÜR and Selahattin ASLAN against Turkey
and 10 other applications
(see list appended)
The European Court of Human Rights (Second Section), sitting on 27 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
1. A list of the applicants is set out in the appendix.
2. The applicants’ complaints under Article 5 §§ 4 and 5 of the Convention concerning the non-communication of the public prosecutor’s opinion and the lack of, or inadequate, compensation for unlawful detention were communicated to the Turkish Government (“the Government”).
3. 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.
4. The payment will constitute the final resolution of the cases.
5. The details of the cases may be found in the appendix.
THE LAW
6. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
7. The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlements are 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 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 20 October 2016.
Hasan BakırcıNebojša Vučinić
Deputy RegistrarPresident
APPENDIX
No
Application No.
Date of introduction
Applicant
Year of birth
Represented by
Date of receipt of Government Declaration
Date of receipt of Applicant’s declaration
Amount awarded for pecuniary and non-pecuniary damage per applicant/household
(in euros)
Amount awarded for costs and expenses per application
(in euros)
55463/10
22/07/2010
Giyasettin GÜR
1975
Selahattin ASLAN
1980
Hüseyin ÇALİŞCİ
21/6/2016
29/3/2016
200
500
40707/11
21/04/2011
Ferhat TUNÇ
1992
Hüseyin ÇALİŞCİ
9/6/2016
28/4/2016
200
200
68070/11
26/08/2011
Cangir ERSAYAN
1989
Abdulhamit ARSLANLAR
9/6/2016
11/5/2016
200
200
69492/12
11/09/2012
Rıza BALKU
1988
Hüseyin BOĞATEKİN
21/6/2016
6/5/2016
200
500
70360/12
11/09/2012
Menal ECER
1992
Hakan İNAN
1990
Hüseyin BOĞATEKİN
21/6/2016
6/5/2016
200
500
75640/12
22/09/2012
Nusret TEBİŞ
1975
Mehmet Salih YANAK
1982
Hüseyin BOĞATEKİN
21/6/2016
6/5/2016
200
500
76434/12
24/09/2012
Ahmet Zafer ERGÜN
1946
Mehmet İhsan DARENDE
21/6/2016
27/4/2016
200
500
77480/12
21/09/2012
Mehmet Emin TUTAK
1989
Hüseyin BOĞATEKİN
21/6/2012
6/5/2016
200
500
77652/12
19/09/2012
Emrah KAPLAN
1986
Hüseyin BOĞATEKİN
21/6/2012
6/5/2016
200
500
78670/12
22/09/2012
İbrahim ÇEÇEN
1990
Hüseyin BOĞATEKİN
21/6/2016
6/5/2016
200
500
143/13
19/09/2012
Abuzer DOYMAZ
1984
Hüseyin BOĞATEKİN
21/6/2016
6/5/2016
200
500
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