SECOND SECTION
DECISION
Applications nos. 56502/07 and 8099/12
Michael SUBARSKY against Turkey
and Mehmet Sıtkı UĞRAŞIN against Turkey
The European Court of Human Rights (Second Section), sitting on 28 May 2019 as a Committee composed of:
Valeriu Griţco, President,
Egidijus Kūris,
Darian Pavli, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above applications lodged on 11 December 2007 and 22 December 2011 respectively,
Having regard to the formal declarations accepting a friendly settlement of the cases,
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. In application no. 56502/07, further to notification under Article 36 § 1 of the Convention and Rule 44 § 1 (a), the Austrian Government did not wish to exercise their right to intervene in the case.
3. The applicants complained under Article 6 of the Convention about the length of the proceedings. In application no. 56502/07, the civil proceedings initiated by the applicant before the Turkish Republic of Northern Cyprus (the “TRNC”) courts lasted for eight years and seven months before two levels of jurisdiction. In application no. 8099/12, the administrative proceedings initiated by the applicant before the “TRNC” courts lasted for twelve years and two months before one level of jurisdiction.
4. The Court notes at the outset that the present cases were examined before the “TRNC” courts according to their own domestic law provisions. Thus the domestic remedies in respect of the complaint on the length of proceedings, foreseen according to Turkish law are not available to the applicants.
5. On 17 April 2019 (from the Government), 31 January 2018 (in respect of application no. 56502/07) and 26 February 2018 (in respect of application no. 8099/12) 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 5,000 euros (EUR) in respect of application no. 56502/07, and EUR 9,000 in respect of application no. 8099/12, to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. The sums 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 these sums within the said three-month period, the Government undertook 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 payments will constitute the final resolution of the cases.
THE LAW
6. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
7. 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 20 June 2019.
Hasan BakırcıValeriu Griţco
Deputy RegistrarPresident
Appendix
Application no 56502/07
Michael Subarsky is an Austrian national who was born in 1962, lives in Vienna.
Application no. 8099/12
Mehmet Sıtkı Uğraşın is a Turkish Republic of Northern Cyprus national, who was born in 1952, lives in Lefkoşa.
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