SECOND SECTION
DECISION
Application no. 41053/17
Hüseyin KAHRAMAN against Turkey
and 14 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 3 December 2020 as a Committee composed of:
Branko Lubarda, President,
Carlo Ranzoni,
Pauliine Koskelo, judges,
and Liv Tigerstedt, Acting 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 were represented by Mr S. Demirkan, a lawyer practising in Samsun.
The applicants’ complaints under Article 1 of Protocol No. 1 to the Convention concerning a practice of the civil courts, in the context of expropriation proceedings, to order both parties to pay a lump sum to the opposing party in respect of lawyer fees were communicated to the Turkish Government (“the Government”).
The Court received the 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 these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts 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 14 January 2021.
{signature_p_2}
Liv TigerstedtBranko Lubarda
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 1 of Protocol No. 1 to the Convention
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant,
unless indicated “jointly to the applicants”
(in Turkish Liras) [1] [2]
41053/17
25/04/2017
Hüseyin KAHRAMAN
1948
28/02/2020
15/09/2020
2,558
41336/17
25/04/2017
(4 applicants)
Abdullah SEVER
1932
Kadife SEVER
1945
Hanife TEKİN
1975
Gülşen ALTIN
1966
28/02/2020
15/09/2020
15,243
jointly to the applicants
41392/17
25/04/2017
Ahmet NASİP
1956
28/02/2020
15/09/2020
3,581
41417/17
25/04/2017
Ömer DENİZ
1950
28/02/2020
15/09/2020
18,399
41424/17
25/04/2017
(3 applicants)
Ayşe EMİR
1975
Mehmet KESER
1953
Himmet KESER
1959
28/02/2020
15/09/2020
14,561
jointly to the applicants
41427/17
25/04/2017
Aziz SEVER
1941
28/02/2020
15/09/2020
14,171
41634/17
25/04/2017
Miyase KAHRAMAN
1949
28/02/2020
15/09/2020
5,932
41695/17
25/04/2017
Ahmet KALKAR
1964
28/02/2020
15/09/2020
5,116
41701/17
25/04/2017
(3 applicants)
Mehmet DENİZ
1972
Ahmet DENİZ
1974
Hamide BALKAN
1978
28/02/2020
15/09/2020
13,710
jointly to the applicants
41712/17
25/04/2017
(4 applicants)
Emine KURUTAŞ
1954
Veysel AKÇAY
1951
Himmet AKÇAY
1962
Mehmet AKÇAY
1959
28/02/2020
15/09/2020
20,944
jointly to the applicants
41718/17
25/04/2017
(5 applicants)
Ahmet DENİZ
1972
Mustafa DENİZ
1967
Kadir DENİZ
1965
Sultan DENİZ
1949
Hanife YILAR
1968
28/02/2020
15/09/2020
9,110
jointly to the applicants
41771/17
25/04/2017
Hüseyin SEVER
1949
28/02/2020
15/09/2020
15,197
41773/17
25/04/2017
Cemal YILAR
1943
28/02/2020
15/09/2020
10,052
41774/17
25/04/2017
(2 applicants)
Yunis DEMİRBİLEK
1961
Mehmet DEMİRBİLEK
1957
28/02/2020
15/09/2020
15,579
jointly to the applicants
41776/17
25/04/2017
(4 applicants)
Zülfiye KALKAR
1937
Kamil KALKAR
1972
Melek IRMAK
1972
Ayten KALKAR
1968
28/02/2020
15/09/2020
12,339
jointly to the applicants
[1]. Plus any tax that may be chargeable to the applicants.
[2]. Statutory interest on these amounts shall run from the calculation date (1 September 2019) until the payment date.
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