European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/1459.html
Cite as: [2011] ECHR 1459
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SECOND SECTION
DECISION
Application no.
13267/07
by Seyithan KALGI and Others
against Turkey
The European Court of Human Rights (Second Section), sitting on 8 March 2011 as a Committee composed of:
Ireneu
Cabral Barreto,
President,
Dragoljub
Popović,
András
Sajó,
judges,
and
Françoise Elens-Passos, Deputy
Section Registrar,
Having regard to the above application lodged on 14 March 2007,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by Mr Seyithan Kalgı, Mr Mehmet Kalgı, Mr Ramazan Kalgı, Mr Hamza Kalgı, Mr Aldulkadir Kalgı, Mr Sinan Kalğı1, Ms Lamiha Kalgı, Ms Fadile Özgül, Ms Zini Gülel and Ms Muhimme Ekenler, Turkish nationals who were born in 1952, 1954, 1964,1967, 1955, 1950, 1960, 1935, 1946 and 1968 respectively. They live in Şanlıurfa. They were represented before the Court by Mr M. Güzeler, a lawyer practising in Şanlıurfa. The Turkish Government (“the Government”) were represented by their Agent.
On 10 May 2010 the Court communicated the applicants’ complaints under Articles 6 § 1 and 13 of the Convention concerning the length of civil proceedings and the lack of an effective domestic remedy for these lengthy proceedings. The impugned proceedings began on 1 January 1972 and were pending before the domestic courts at the time of communication.
On 9 June 2010 and 17 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 this application against an undertaking by the Government to pay them EUR 18,500 (eighteen thousand and five hundred euros) jointly to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would 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. It 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 this sum within the said three-month period, the Government undertook to pay simple interest on it, 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 case.
THE LAW
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 application (Article 37 § 1 in fine of the Convention).
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Françoise Elens-Passos Ireneu Cabral Barreto
Deputy
Registrar President
1 Rectified on 15 September 2011 under Rule 81 of the Rules of Court: The applicant’s name read Sinan Kalgı in the former version.