KARATAS (1) proti Turecku

SECOND SECTION

DECISION

This version was rectified on 21 June 2011

under Rule 81 of the Rules of Court

Application no. 4372/08
by Müyesser KARATAŞ and 69 other applications
against Turkey

The European Court of Human Rights (Second Section), sitting on 7 December 2010 as a Committee composed of:

Danutė Jočienė, President,
Nona Tsotsoria,
Guido Raimondi, judges,
and Françoise Elens-Passos, Deputy Section Registrar,

Having regard to the above applications lodged on 15 January 2008,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

PROCEDURE

The applications were lodged by ninety Turkish nationals, whose names appear in the appendix hereto. The applicants were represented before the Court by Mr A. F. Demirkan, a lawyer practising in Bursa. The Turkish Government (“the Government”) were represented by their Agent.

The applicants complained under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 about the failure of the domestic authorities to execute final domestic court judgments in their favour.

On 27 July and 25 August 2010 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 them the sums indicated in the annexed table to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into Turkish liras at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. They will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay these sums within the said three-month period, the Government undertake to pay simple interest on them, 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 cases.

THE LAW

1. Having regard to the similar subject matter of the applications, the Court finds it appropriate to join them.

2. 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 public policy reasons to justify a continued examination of the applications (Article 37 § 1 in fine of the Convention).

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.

Françoise Elens-Passos Danutė Jočienė
Deputy Registrar President

APPENDIX

1. Rectified on 21 June 2011: The applicant’s last name read “Üğüdür” in the former version of the decision.