SECOND SECTION
DECISION
Application no. 44205/04
Nazife KARAKOYUN and others against Turkey
and 2 other applications
(see list appended)
The European Court of Human Rights (Second Section), sitting on 17 October 2017 as a Committee composed of:
Julia Laffranque, President,
Jon Fridrik Kjølbro,
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
A list of the applicants is set out in the appendix. The applicants are Turkish nationals. They were all represented by Mr C. Batmanlı, a lawyer practicing in Diyarbakır.
The Turkish Government (“the Government”) were represented by their Agent.
The applicants complained under Article 6 § 1 of the Convention about the length of civil proceedings and the infringement of their right of access to a court. They further complained under Article 1 of Protocol No. 1 to the Convention, taken alone and in conjunction with Article 14 of the Convention, that the domestic courts’ decisions to apply the statutory rate of default interest to the sum they had been owed instead of the maximum rate applicable to formal expropriation procedures, as defined in Article 46 of the Constitution, had led to reduction in the amounts of compensation for de facto expropriation of their plots of land.
The applicants’ complaints were communicated to the Government.
On 5 September 2016 and 17 April 2017 the Court received 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 against 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 free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court. 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 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 settlements 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 16 November 2017.
Hasan BakırcıNebojša Vučinić
Deputy RegistrarPresident
APPENDIX
No.
Application no.
Lodged on
Applicant
Amount awarded for non-pecuniary damage and costs and expenses per application (in euro)
44205/04
03/11/2004
Nazife KARAKOYUN
Selahattin GEYLANİ
Cemalettin GEYLANİ
Hediye SÜMER
Bedri KARAKOYUN
Mesuriye KARAKOYUN
Zeynelabidin SÜMER
Ahmet SÜMER
Hülya SÜMER
Mukaddes SÜMER
Münevver SÜMER
Aliye SÜMER
Mehmet Faik SÜMER
Mehmet Cevat SÜMER
Muzaffer SÜMER
Mehmet SÜMER
Remziye KARAKOYUN
Murat KARAKOYUN
Halise KARAKOYUN
M. Mehdi BİRTANE
Kudret BİRTANE
Fürüzan ÜSTÜN
Mehmet ÜSTÜN
Nurten ÜSTÜN (BİRTANE)
Bedrettin ÜSTÜN
Muhyettin ÜSTÜN
Sakine GEYLANİ
Pirozhan BİRTANE
Hasan GEYLANİ
Fatma BİRTANE
Kutbettin GEYLANİ
Sadetin GEYLANİ
Hatice GEYLANİ
Muhlise GEYLANİ
Kasım GEYLANİ
Gülşen GEYLANİ
Rasim GEYLANİ
Ekrem GEYLANİ
Meral GEYLANİ
Ahmet KARAKOYUN
Hamdiye KARAKOYUN
Meyase KARAKOYUN
Sudeti SÜMER
Şefika SÜMER
Peyruz Etece SÜMER
Naime SÜMER
Nazife SÜMER
Mehmet Bakır SÜMER
Nuran CİZRELİOĞLU
Sabahat GEYLANİ
4,000
44232/04
01/11/2004
Remziye KÜÇÜK
Hediye SÜMER
6,000
44267/04
03/11/2004
Safyete TURAN
Fatma ISLANMAZ
Mehmet Emin ISLANMAZ
Yusuf ISLANMAZ
Abdulsemet ISLANMAZ
Mevlüde ISLANMAZ
Burhan ISLANMAZ
Edibe ISLANMAZ
Kamile ISLANMAZ
Rindıhan ISLANMAZ
Kenan ISLANMAZ
Ahmet ISLANMAZ
Atiye ISLANMAZ
Hasibe ISLANMAZ
Kesra TURAN
Hacire TURAN
Rabia ISLANMAZ
Muhsine DURUK
Fatma TURAN
Hediye TURAN
Salih TURAN
Hazal TURAN
Çiçek TURAN
Netice TURAN
Songül TURAN
Bahattin TURAN
Müzeyyen TURAN
Şirin TURAN
Naile TURAN
Kasım TURAN
Selahattin TURAN
Feride TURAN
Haşim TURAN
Nazife TURAN
Rahime UYSAL
Münevver TURAN
Mehmet Tahir TURAN
Gölver TURAN
Faik TURAN
Ziyaver TURAN
Medihan TURAN
Hamza TURAN
Ebedin TURAN
Aydın TURAN
Nadile TURAN
Bedriye TURAN
Faruk TURAN
Fahriye TURAN
Mehmet TURAN
Hülya TURAN
Abdulkudus TURAN
Zehra TURAN
Suat TURAN
Seyfettin TURAN
Mehmet Ali BOĞA
Cengiz TURAN
7,500
Full & Egal Universal Law Academy