SECOND SECTION
DECISION
Application no. 44192/18
Ahmet YAPALAK against Türkiye
and 23 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 6 April 2023 as a Committee composed of:
Frédéric Krenc, President,
Diana Sârcu,
Davor Derenčinović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of the applicants and their representatives is set out in the appendix.
The applicants’ various complaints under Article 5 of the Convention were communicated to the Turkish Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations. No reply was received to the Registry’s letter.
By letters dated 18 October 2022, sent by registered post, the applicants were notified that the period allowed for submission of their observations had expired on 12 September 2022 and that no extension of time had been requested. The applicants’ attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application.
The registered letters either returned to the Court as unclaimed or were received by the applicants to which they did not respond. There are also no previous letters from the applicants informing the Court about the change of address.
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.
In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the applications.
Accordingly, the cases should be struck 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.
Done in English and notified in writing on 11 May 2023.
Viktoriya Maradudina Frédéric Krenc
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 5 of the Convention
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
Represented by
1.
44192/18
Yapalak v. Türkiye
11/09/2018
Ahmet YAPALAK
1987
Kırıkkale
Turkish
2.
47444/18
Özbayram v. Türkiye
24/09/2018
Mehmet ÖZBAYRAM
1974
Yozgat
Turkish
Şükran ÖZBAYRAM
3.
53925/18
Kisin v. Türkiye
02/10/2018
Ercan KİŞİN
1964
Bursa
Turkish
4.
54455/18
Saka v. Türkiye
01/11/2018
Fatih SAKA
1990
Kırıkkale
Turkish
5.
55894/18
Taşğın v. Türkiye
05/10/2018
Serkan TAŞĞIN
1977
Şanlıurfa
Turkish
Mehmet Emin DEMİRKOL
6.
56270/18
Şahin v. Türkiye
16/11/2018
Mehmet ŞAHİN
1993
Konya
Turkish
Nursel AKGÜN
7.
56577/18
Bilgin v. Türkiye
22/11/2018
Salih BİLGİN
1991
Istanbul
Turkish
Dinçer ÖNCÜL
8.
57214/18
Kaya v. Türkiye
21/11/2018
Adem KAYA
1987
İzmir
Turkish
9.
57760/18
Keskin v. Türkiye
21/11/2018
Ensar KESKİN
1972
Artvin
Turkish
Ersayın IŞIK
10.
58224/18
Çabuk v. Türkiye
23/11/2018
Ali ÇABUK
1986
Kahramanmaraş
Turkish
11.
59202/18
Öztaş v. Türkiye
22/11/2018
Erol ÖZTAŞ
1973
Istanbul
Turkish
12.
59992/18
Çınar v. Türkiye
21/11/2018
Semih ÇINAR
1978
Sivas
Turkish
Oktay KAYA
13.
28/19
Barlas v. Türkiye
10/12/2018
Ömer BARLAS
1971
Lokeren
Turkish
Süleyman Şahin BARLAS
14.
113/19
Çalak v. Türkiye
11/12/2018
Ramazan ÇALAK
1989
İzmit
Turkish
15.
373/19
Çoban v. Türkiye
07/12/2018
Osman Aytek ÇOBAN
1977
İzmir
Turkish
Ahmet KOCABAŞ
16.
1148/19
Tütüneken v. Türkiye
06/12/2018
Yunus Emre TÜTÜNEKEN
1991
Bursa
Turkish
Yavuz BULUT
17.
2014/19
Gülbey v. Türkiye
27/12/2018
Engin GÜLBEY
1981
Yalova
Turkish
18.
2018/19
Eren v. Türkiye
17/12/2018
Habil Faruk EREN
1986
Ordu
Turkish
19.
2127/19
İnan v. Türkiye
28/11/2018
Mehmet İNAN
1983
Adana
Turkish
Mehmet Fatih ARSLAN
20.
2232/19
Özer v. Türkiye
26/11/2018
Aşkın ÖZER
1965
Kahramanmaraş
Turkish
21.
2255/19
Aksoy v. Türkiye
28/11/2018
Hüseyin AKSOY
1976
Osmaniye
Turkish
22.
2257/19
Koç v. Türkiye
06/12/2018
Emre KOÇ
1983
Karaman
Turkish
Mustafa Ali ÇOLAK
23.
2262/19
İmamoğlu v. Türkiye
05/12/2018
Aydın İMAMOĞLU
1978
Bursa
Turkish
24.
2863/19
Apaydın v. Türkiye
03/01/2019
Turgay APAYDIN
1974
Elazığ
Turkish
Serhat BADEM