SECOND SECTION
DECISION
Application no. 63332/12
Sinan SEZEN against Turkey
and 12 other applications
(see list appended)
The European Court of Human Rights (Second Section), sitting on 15 March 2016 as a Committee composed of:
Paul Lemmens, President,
Ksenija Turković,
Jon Fridrik Kjølbro, judges,
and Abel Campos, 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’ 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”).
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 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 7 April 2016.
Abel Campos Paul Lemmens
Deputy RegistrarPresident
Appendix
No
Application no.
Date of introduction
Applicant
Date 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)[i]
Amount awarded for costs and expenses per application
(in euros)
63332/12
31/07/2012
Sinan SEZEN
01/01/1990
Sinan ZİNCİR
15/01/2016
3/11/2015
200
200
63358/12
31/07/2012
Dilan SONSUZ
20/12/1990
Sinan ZİNCİR
15/01/2016
4/11/2015
200
200
63798/12
29/06/2012
Kazım KARATOPRAK
01/01/1990
Selçuk SÜNBÜL
01/01/1992
Adem ÇALİŞCİ
15/01/2016
1/11/2015
200
200
69037/12
21/09/2012
Aziz Mahmut KOÇ
25/09/1978
İnan AKMEŞE
15/01/2016
6/10/2015
200
200
74831/12
19/09/2012
Rıdvan DÖNER
01/01/1990
Barış ŞAHBUDAK
01/01/1991
Ferhat DÖNER
01/01/1992
Hicran AKIN
01/01/1991
Hüseyin BOĞATEKİN
15/01/2016
3/11/2015
200
200
76641/12
24/09/2012
Ersin YOLU
01/01/1991
Ayşe ACİNİKLİ
15/01/2016
27/11/2015
200
200
76656/12
22/09/2012
Metin DİNÇ
01/01/1991
Hüseyin BOĞATEKİN
15/01/2016
3/11/2015
200
200
78288/12
22/09/2012
Osman İNALKAÇ
01/01/1991
Barış SANCAK
01/01/1988
Cevdet HALİM
01/01/1980
Reşit TAŞKIN
01/01/1987
Hüseyin BOĞATEKİN
15/01/2016
3/11/2015
200
200
78339/12
22/09/2012
Yazgül ŞAHİN
01/01/1990
Nizam ÖZLÜK
01/01/1993
Kürşad Fırat VURAL
01/01/1989
Sadullah BAŞBOĞA
01/01/1987
Hüseyin ÇALİŞCİ
15/01/2016
1/11/2015
200
200
78650/12
22/09/2012
Gülizar TURHAN
01/01/1993
Hüseyin BOĞATEKİN
15/01/2016
3/11/2015
200
200
81777/12
21/09/2012
Ramazan YÜCE
01/01/1982
Ayşe ACİNİKLİ
15/01/2016
27/11/2015
200
200
148/13
19/09/2012
Rıdvan BİLEN
01/01/1992
Hüseyin BOĞATEKİN
15/01/2016
3/11/2015
200
200
152/13
19/09/2012
Aziz SARICAN
01/01/1985
Hüseyin BOĞATEKİN
15/01/2016
3/11/2015
200
200
[i]
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