SECOND SECTION
DECISION
Application no. 26029/11
Hüseyin PAŞALI and Others
against Turkey
The European Court of Human Rights (Second Section), sitting on 3 March 2020 as a Committee composed of:
Egidijus Kūris, President,
Ivana Jelić,
Darian Pavli, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above application lodged on 7 March 2011,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. A list of the applicants is set out in the appendix.
2. The Turkish Government (“the Government”) were represented by their Agent.
3. The applicants complained under Articles 2, 3, 8 and 14 of the Convention about the killing of their close relative by her former husband and the alleged failure of the domestic authorities to provide adequate safeguards to protect her life.
4. On 19 September 2019 and 1 November 2019 the Court received the friendly settlement declarations signed by the parties.
5. The declaration signed by the Government read:
“The Government regret the occurrence of individual cases of death caused by the failures to protect life, as in the circumstances of the present case, notwithstanding existing Turkish legislation and the resolve of the Government to prevent such failures. The Government further note that at the material time, namely in 2011 the legislative framework did not afford the applicants’ relative, as a divorced woman, protection from domestic violence. Accordingly, they admit that the death of the applicants’ relative resulting from the failure to provide protective measures did not meet the standards enshrined in Article 2 of the Convention. The Government recall that the legislation has been amended in 2012 by the adoption of Law no. 6284. They further reiterate their undertaking to issue appropriate instructions and adopt al necessary measures to ensure that the right to life is respected in the future.
The Government of Turkey declare that they offer to pay ex gratia EUR 50,000 (fifty thousand euros) jointly to the applicants with a view to securing the friendly settlement of the above-mentioned case pending before the European Court of Human Rights, to cover any pecuniary and non-pecuniary damage, plus any tax that may be chargeable and EUR 2,000 (two thousand euros) to cover any and all costs and expenses including the lawyers’ fees and tax that may be chargeable to the applicants.
This sum will be converted into Turkish liras at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the decision taken by the Court to strike the case out of its list of cases. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from 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 case.”
THE LAW
6. 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 its Protocols and finds no reasons to justify a continued examination of the application. In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 26 March 2020.
Hasan BakırcıEgidijus Kūris
Deputy RegistrarPresident
Appendix
List of applicants
No.
Applicant’s Name
Birth year
Nationality
Place of residence
1
Hüseyin PAŞALI
1940
Turkish
Ankara
2
Ahmet PAŞALI
1970
Turkish
Ankara
3
Zelıha PAŞALI
1948
Turkish
Ankara
4
Şerife SÖZBİR
1964
Turkish
Gelsenkirchen
5
Burcu YETKİN
1989
Turkish
Ankara
6
Buse YETKİN
1995
Turkish
Ankara
7
Hilal Yağmur YETKİN
1999
Turkish
Ankara
Full & Egal Universal Law Academy