SECOND SECTION
DECISION
Application no. 41171/17
Recep KARA and Others against Turkey
and 2 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 19 March 2020 as a Committee composed of:
Ivana Jelić, President,
Arnfinn Bårdsen,
Darian Pavli, 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 L. Ercan, a lawyer practising in Ankara.
The applicants’ complaints under Article 6 § 1 and Article 1 of Protocol No. 1, concerning the non-enforcement of the domestic judgments awarding them compensation, were communicated to the Turkish Government (“the Government”). Complaints based on the same facts were also communicated under Article 13 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 9 April 2020.
Liv TigerstedtIvana Jelić
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Articles 6 § 1 and 13 of the Convention and Article 1 of Protocol No. 1
(Non-enforcement of judgments)
No.
Application no.
Date of introduction
Applicants’ names
Date of birth
Date of receipt of the Government’s declaration
Date of receipt of the applicants’ declaration
Amount awarded for pecuniary damage
per application
(in euros)[1]
Amount awarded for non‑pecuniary damage and costs and expenses
per application
(in euros)[2]
41171/17
22/03/2017
(3 applicants)
Recep KARA
11/01/1957
Mustafa KARA
13/04/1986
Ümmügülsün KARAKAYALI
29/08/1983
28/02/2020
06/08/2019
3,500
1,000
41403/17
22/03/2017
(2 applicants)
Emine GENÇ
03/05/1944
Duran GENÇ
22/03/1981
28/02/2020
06/08/2019
17,500
1,000
41410/17
22/03/2017
(3 applicants)
Feride ŞENLİK
14/11/1976
Medinet ŞENLİK
20/11/1945
Erkin ŞENLİK
30/03/1978
(deceased on 27/01/2018)
The other two applicants, who are his heirs, pursued the application on his behalf.
28/02/2020
06/08/2019
45,000
1,000
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy