Abeş and Others v. Turkey

SECOND SECTION

Application no. 18468/15 Cesur ABEŞ against Turkey and 2 other applications (see appended table)

The European Court of Human Rights (Second Section), sitting on 13 September 2018 as a Committee composed of:

Valeriu Griţco, President, Jon Fridrik Kjølbro, Stéphanie Mourou-Vikström, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants’ complaints under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings were communicated to the Turkish Government (“the Government”).

The Court received friendly-settlement declarations under which the applicants agreed to waive any further claims against Turkey in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the 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

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

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 the Protocols thereto and finds no reasons to justify a continued examination of the applications. 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 in accordance with Article 39 of the Convention.

Done in English and notified in writing on 4 October 2018.

Liv Tigerstedt Valeriu Griţco Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 § 1 of the Convention

(excessive length of civil proceedings)

No.

Application no. Date of introduction

Applicant’s name

Date of birth

Representative’s name and location

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses

per applicant

(in euros) [1]

18468/15

03/04/2015

Cesur Abeş

01/01/1981

Rollas Mustafa

İzmir

17/05/2018

22/03/2018

800

34557/17

10/03/2017

İsmail Özkul

02/05/1947

Temel Celal

İzmir

17/05/2018

04/04/2018

800

34560/17

10/03/2017

Abiddin Özkul

15/08/1970

Temel Celal

İzmir

17/05/2018

04/04/2018

800

[1] . Plus any tax that may be chargeable to the applicants.