Přehled
Rozhodnutí
SECOND SECTION
DECISION
Application no. 7494/17
Rıfat SARI against Türkiye
and 30 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 24 November 2022 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 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 letters.
By letters sent by registered post and dated 18 January 2022 for application no. 28408/19; 23 February 2022 for applications nos. 7494/17, 83206/17, 56472/18, 36500/19, 44755/19, 45901/19, 98/20, 3512/20, 3514/20, and 4188/20; 30 March 2022 for applications nos. 43741/17, 83999/17, 183/18, 10834/18, 24169/18, 7250/19, 17524/19, 21226/19, 21264/19, 24351/19, 24370/19, 24780/19, 25413/19, 30232/19, 30284/19, 30296/19, 35090/19, 36634/19 and 51124/19, and 31 May 2022 for application no.76424/17, the applicants were notified that the period allowed for submission of their observations had expired 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 letters in respect of applications nos. 7494/17, 83206/17, 24169/18, 56472/18, 21226/19, 21264/19, 28408/19, 36500/19, 44755/19, 45901/19, 98/20, 3512/20, 3514/20 and 76424/17 were delivered between 7 February and 8 June 2022. However, no response has been received. The letters in respect of applications nos. 43741/17, 83999/17, 183/18, 10834/18, 7250/19, 17524/19, 24351/19, 24370/19, 24780/19, 25413/19, 30232/19, 30284/19, 30296/19, 35090/19, 36634/19, 51124/19 and 4188/20 could not be delivered to the applicants although none of them had informed the Court of a change in their 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 applications 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 15 December 2022.
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 | Represented by |
1. | 7494/17 | Sarı v. Türkiye | 15/12/2016 | Rıfat SARI | Ahmet HARTAVİ |
2. | 43741/17 | Aydın v. Türkiye | 03/05/2017 | Harun AYDIN | Hüseyin AYGÜN |
3. | 76424/17 | Yıldırım v. Türkiye | 26/09/2017 | Mesut YILDIRIM | Hilal YILDIZLI |
4. | 83206/17 | Aydın v. Türkiye | 29/11/2017 | Şevki Metin AYDIN | Hüseyin AYGÜN |
5. | 83999/17 | Cengiz v. Türkiye | 16/11/2017 | Yavuz CENGIZ | Hüseyin AYGÜN |
6. | 183/18 | Demir v. Türkiye | 06/12/2017 | Recayi DEMIR | Hüseyin AYGÜN |
7. | 10834/18 | Sarıyer v. Türkiye | 06/12/2017 | İlhan SARIYER Ankara | Hüseyin AYGÜN |
8. | 24169/18 | Göker v. Türkiye | 08/05/2018 | Volkan Şefik GÖKER | Mahmut YAŞAR |
9. | 56472/18 | Köse v. Türkiye | 26/11/2018 | Murat KÖSE | Hüseyin AYGÜN |
10. | 7250/19 | Şahin v. Türkiye | 21/01/2019 | Mustafa ŞAHİN | Hüseyin AYGÜN |
11. | 17524/19 | Şaşmaz v. Türkiye | 22/03/2019 | Canbulut ŞAŞMAZ | Hüseyin AYGÜN |
12. | 21226/19 | Öz v. Türkiye | 26/03/2019 | Ömer ÖZ | Orhan DOĞRU |
13. | 21264/19 | Bayburtlu v. Türkiye | 08/04/2019 | Arif BAYBURTLU | Adnan AYDIN |
14. | 24351/19 | İnci v. Türkiye | 16/04/2019 | Tamer İNCİ | Hüseyin AYGÜN |
15. | 24370/19 | Samsa v. Türkiye | 16/04/2019 | Harun SAMSA | Hüseyin AYGÜN |
16. | 24780/19 | Gökçeli v. Türkiye | 24/04/2019 | Abdurrahman GÖKÇELİ Adana | Ahmet Gani KÜÇÜK |
17. | 25413/19 | Çağatay v. Türkiye | 03/05/2019 | Mustafa ÇAĞATAY | Hüseyin AYGÜN |
18. | 28408/19 | Doğan v. Türkiye | 09/05/2019 | Irfan DOĞAN | Hüseyin AYGÜN |
19. | 30232/19 | Kahraman v. Türkiye | 14/05/2019 | Yasin KAHRAMAN | Bayram SAYIN |
20. | 30284/19 | Gür v. Türkiye | 16/05/2019 | Arif Ramazan GÜR | Hüseyin AYGÜN |
21. | 30296/19 | Kılıç v. Türkiye | 16/05/2019 | Yakup KILIÇ | Hüseyin AYGÜN |
22. | 35090/19 | Karaağaç v. Türkiye | 28/06/2019 | Naim KARAAĞAÇ | Hüseyin AYGÜN |
23. | 36500/19 | Karakaş v. Türkiye | 18/06/2019 | Akın KARAKAŞ | |
24. | 36634/19 | Kamış v. Türkiye | 19/06/2019 | Agah Oktay KAMIŞ | Hüseyin AYGÜN |
25. | 44755/19 | Tek v. Türkiye | 08/08/2019 | Ömer Faruk TEK | |
26. | 45901/19 | Bora v. Türkiye | 16/08/2019 | Ayhan BORA | Nidal HÜZMELİ HADİMOĞLU |
27. | 51124/19 | Tanrıkulu v. Türkiye | 06/09/2019 | Cengiz TANRIKULU | Hüseyin AYGÜN |
28. | 98/20 | Çelik v. Türkiye | 09/12/2019 | Fatma Nur ÇELİK | Adem KAPLAN |
29. | 3512/20 | Turşak v. Türkiye | 10/01/2020 | Ramazan TURŞAK | Hüseyin AYGÜN |
30. | 3514/20 | Tosun v. Türkiye | 10/01/2020 | Ayşe TOSUN | Hüseyin AYGÜN |
31. | 4188/20 | Çetin v. Türkiye | 26/12/2019 | Gültekin ÇETİN |