European Court of Human Rights

SECOND SECTION

DECISION

Application no. 32121/10
Mehmet ATILGAN and Others against Turkey
and 2 other applications
(see list appended)

The European Court of Human Rights (Second Section), sitting on 6 December 2011 as a Chamber composed of:

Françoise Tulkens, President,
Danutė Jočienė,
Dragoljub Popović,
Isabelle Berro-Lefèvre,
András Sajó,
Işıl Karakaş,
Guido Raimondi, judges,
and Françoise Elens-Passos, Deputy Section Registrar,

Having regard to the above applications lodged on 29 April 2010, 26 May 210 and 18 August 2010 respectively,

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

Having deliberated, decides as follows:

PROCEDURE

The applicants, whose names appear in the appendix hereto, are Turkish nationals who live in Istanbul. They were represented before the Court by Mr Ö. Kılıç, a lawyer practising in İstanbul. The Turkish Government (“the Government”) were represented by their Agent.

On 20 October 2010 the Court decided to communicate the applicants’ complaints to the Government under Article 10 of the Convention, in the light of the case of Ürper and Others v. Turkey (nos. 14526/07, 14747/07, 15022/07, 15737/07, 36137/07, 47245/07, 50371/07, 50372/07 and 54637/07, 20 October 2009).

On 14 July and 14 October 2011 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 the amounts below:

- EUR 7,800 (seven thousand eight hundred euros) to Mehmet Atılgan to cover any pecuniary and non-pecuniary damage;

- EUR 1,800 (one thousand eight hundred euros) each to Kudret Gülün, Nurcan Ercan, Güler Özdemir, Yılmaz Yıldız, Nezife Gündüz, Sevinç Karaman and Rüya Işık to cover any pecuniary and non-pecuniary damage;

- EUR 1,000 (one thousand euros) to all applicants, jointly, to cover the costs and expenses.

These amounts 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 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 cases.

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 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 strike the applications out of its list of cases.

Françoise Elens-Passos Françoise Tulkens
Deputy Registrar President