ELEK A 14 OTHERS proti Turecku

SECOND SECTION

PARTIAL DECISION

AS TO THE ADMISSIBILITY OF

Application no. 26679/95
by Zeynal ELEK and 14 OTHERS
against Turkey

PARTIAL DECISION IN RESPECT OF THE APPLICANTS:

Zeynal ELEK, Ramazan ERDOĞAN, Mehmet Demir ERKUŞ, Abdülbari EŞER, Abdülbari GÖKDEMİR, Mehmet GÜNGÖRMEZ, Cahit IŞIKTAŞ, Mustafa KAÇMAZ, Nedim ÖZER, Hüsnü KAÇAMAN, Şehmus YİĞİTEL, Sezayir YAĞAN, Nafiye KOÇER, Giyasettin NAZLIER, Ahmet ÖZBAHÇİVAN

The European Court of Human Rights (Second Section), sitting on 22 March 2001 as a Chamber composed of

Mr C.L. Rozakis, President,
Mr A.B. Baka,
Mr G. Bonello,
Mrs V. Strážnická,
Mr P. Lorenzen,
Mr M. Fischbach, judges,
Mr F. Gölcüklü, ad hoc judge,

and Mr E. Fribergh, Section Registrar,

Having regard to the above application introduced with the European Commission of Human Rights on 29 November 1994 and registered on 9 March 1995,

Having regard to Article 5 § 2 of Protocol No. 11 to the Convention, by which the competence to examine the application was transferred to the Court,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,

Having deliberated, decides as follows:

FACTS AND COMPLAINTS

The applicants are Turkish nationals living in the Lice district of the province of Diyarbakır (Turkey). They are represented before the Court by Mr Hasip Kaplan, a lawyer practising in Istanbul.

In their applications the applicants complained that their houses and shops were destroyed as a result of the random and disproportionate gunfire of the security forces in the course of clashes between the latter and PKK militants in Lice. They alleged that their rights guaranteed by Articles 3, 5, 6, 13, 14, 17 and 18 of the Convention and Article 1 of Protocol No. 1 had been violated.

PROCEDURE

Following informal contacts between the applicants’ and the Government’s representatives, the Section Registrar was asked to assist the parties in reaching a solution to the matter.

As a result, the Registrar proposed that the applicants withdraw the application on the condition that the Government pay to the applicants the sums stated below free of any taxes which may be applicable and to be converted into Turkish liras at the rate applicable on the date of payment:

By letters of 19 January and 2 February 2001 the Government and the applicants respectively agreed to the proposal.

THE LAW

The Court takes note of the applicants’ withdrawal of the application on the basis of the agreement reached between the parties (Article 37 § 1 (a) and (b) of the Convention). The Court considers that there is no reason which would justify the continuation of the examination of the application.

For these reasons, the Court

Decides to disjoin the instant application from the other 201 Lice applications;

Decides to strike the application out of the list in regard to the remaining applicants.

Erik Fribergh Christos Rozakis
Registrar President

SECOND SECTION

PARTIAL DECISION

AS TO THE ADMISSIBILITY OF

Application no. 26679/95
by Vahdettin AKKAN and 14 OTHERS
against Turkey

PARTIAL DECISION IN RESPECT OF THE APPLICANTS:

Vahdettin AKKAN, Abdurrahman AKTAŞ, M. Emin and Mustafa ALAGÜNDÜZ, Salih AYTEK, Abdüllatif BAYHAN, Süleyman BARAN, Abdullah BİÇER, Tahsin BİNGÖL, Mehmet ÇAYTAŞ, Ferit DELİDERE, Abdullah DEMİRHAN, Halis, Mahmut and Mehdin DOMAN

The European Court of Human Rights (Second Section), sitting on 22 March 2001 as a Chamber composed of

Mr C.L. Rozakis, President,
Mr A.B. Baka,
Mr G. Bonello,
Mrs V. Strážnická,
Mr P. Lorenzen,
Mr M. Fischbach, judges,
Mr F. Gölcüklü, ad hoc judge,

and Mr E. Fribergh, Section Registrar,

Having regard to the above application introduced with the European Commission of Human Rights on 29 November 1994 and registered on 9 March 1995,

Having regard to Article 5 § 2 of Protocol No. 11 to the Convention, by which the competence to examine the application was transferred to the Court,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,

Having deliberated, decides as follows:

FACTS AND COMPLAINTS

The applicants are Turkish nationals living in the Lice district of the province of Diyarbakır (Turkey). They are represented before the Court by Mr Hasip Kaplan, a lawyer practising in Istanbul.

In their applications the applicants complained that their houses and shops were destroyed as a result of the random and disproportionate gunfire of the security forces in the course of clashes between the latter and PKK militants in Lice. They alleged that their rights guaranteed by Articles 3, 5, 6, 13, 14, 17 and 18 of the Convention and Article 1 of Protocol No. 1 had been violated.

PROCEDURE

Following informal contacts between the applicants’ and the Government’s representatives, the Section Registrar was asked to assist the parties in reaching a solution to the matter.

As a result, the Registrar proposed that the applicants withdraw the application on the condition that the Government pay to the applicants the sums stated below free of any taxes which may be applicable and to be converted into Turkish liras at the rate applicable on the date of payment:

By letters of 19 January and 2 February 2001 the Government and the applicants respectively agreed to the above proposals.

THE LAW

The Court takes note of the applicants’ withdrawal of the application on the basis of the agreement reached between the parties (Article 37 § 1 (a) and (b) of the Convention). The Court considers that there is no reason which would justify the continuation of the examination of the application.

For these reasons, the Court

Decides to disjoin the instant application from the other 201 Lice applications;

Decides to strike the application out of the list in respect of the applicants Vahdettin Akkan, Abdurrahman Aktaş, Emin and Mustafa Alagündüz, Salih Aytek, Abdüllatif Bayhan, Süleyman Baran, Abdullah Biçer, Tahsin Bingöl, Mehmet Çaytaş, Ferit Delidere, Abdullah Demirhan, Halis, Mahmut and Mehdin Doman.

Erik Fribergh Christos Rozakis
Registrar President