Akbaba and Others v. Turkey

SECOND SECTION

Application no. 26192/13 Habip AKBABA against Turkey and 16 other applications (see appended table)

The European Court of Human Rights (Second Section), sitting on 7 June 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 declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of 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 LAW

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

After unsuccessful friendly-settlement negotiations, the Government informed the Court that they proposed to make unilateral declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications in accordance with Article 37 of the Convention.

The Government acknowledged the excessive length of civil proceedings. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would 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 undertook 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 applicants were sent the terms of the Government’s unilateral declarations several weeks before the date of this decision. The Court has not received a response from the applicants accepting the terms of the declarations.

The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:

“... for any other reason established by the Court, it is no longer justified to continue the examination of the application”.

Thus, it may strike out applications under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicants wish the examination of the cases to be continued (see, in particular, Tahsin Acar v. Turkey (preliminary objections) [GC], no. 26307/95, §§ 75 ‑ 77, ECHR 2003-VI).

The Court has established clear and extensive case-law concerning complaints relating to the excessive length of civil proceedings (see, for example, Daneshpayeh v. Turkey, no. 21086/04, 16 July 2009).

Noting the admissions contained in the Government’s declarations as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the applications (Article 37 § 1 (c)).

In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the applications (Article 37 § 1 in fine ).

Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declarations, the applications may be restored to the list in accordance with Article 37 § 2 of the Convention ( Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).

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;

Takes note of the terms of the respondent Government’s declarations and of the arrangements for ensuring compliance with the undertakings referred to therein;

Decides to strike the applications out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.

Done in English and notified in writing on 28 June 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 name

Date of birth

Representative name and location

Date of receipt of Government’s declaration

Date of receipt of applicant’s comments, if any

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

per applicant

(in euros) [i]

26192/13

07/04/2013

Habip Akbaba

01/03/1963

Sümer Rudi

Mardin

07/02/2018

13/03/2018

1,300

58679/16

06/09/2016

Abbas Emre

01/01/1955

Kırdök Mehmet Ali

Istanbul

01/02/2018

20/03/2018

1,300

1741/17

22/11/2016

Metin Değirmenci

04/11/1969

Akdoğan Kerem

Van

01/02/2018

19/03/2018

1,800

2951/17

24/11/2016

Metin Bozooğlu

10/01/1962

Hanbayat Yeşil Meral

Istanbul

01/02/2018

20/03/2018

1,300

2995/17

24/11/2016

Selvi Ağgül

06/04/1935

Kırdök Mehmet Ali

Istanbul

01/02/2018

20/03/2018

1,300

3013/17

24/11/2016

Zabit Kul

01/05/1950

Kırdök Mehmet Ali

Istanbul

01/02/2018

20/03/2018

1,300

3038/17

24/11/2016

Riza Bozooğlu

01/04/1956

Kırdök Mehmet Ali

Istanbul

01/02/2018

20/03/2018

1,300

3042/17

24/11/2016

Ali Doru

12/01/1958

Kırdök Mehmet Ali

Istanbul

01/02/2018

20/03/2018

1,300

3708/17

24/11/2016

Emir Ali Bozooğlu

01/04/1958

Hanbayat Yeşil Meral

Istanbul

01/02/2018

20/03/2018

1,300

3722/17

24/11/2016

Erdoğan Güngör

06/02/1961

Hanbayat Yeşil Meral

Istanbul

01/02/2018

20/03/2018

1,300

3735/17

24/11/2016

Ahmet Elmas

01/01/1955

Hanbayat Yeşil Meral

Istanbul

01/02/2018

20/03/2018

1,300

3782/17

24/11/2016

Abbas Ağgül

05/05/1970

Hanbayat Yeşil Meral

Istanbul

01/02/2018

20/03/2018

1,300

3808/17

24/11/2016

Kenan Ağgül

20/05/1966

Hanbayat Yeşil Meral

Istanbul

01/02/2018

20/03/2018

1,300

3831/17

24/11/2016

Keziban Bozooğlu

03/08/1938

Hanbayat Yeşil Meral

Istanbul

01/02/2018

20/03/2018

1,300

3849/17

24/11/2016

Hamu Elmas

01/07/1935

Hanbayat Yeşil Meral

Istanbul

01/02/2018

20/03/2018

1,300

3919/17

24/11/2016

İbrahim Ağgül

01/01/1968

Hanbayat Yeşil Meral

Istanbul

01/02/2018

20/03/2018

1,300

3936/17

24/11/2016

Teslim Kırmızıtaş

13/05/1960

Hanbayat Yeşil Meral

Istanbul

01/02/2018

20/03/2018

1,300

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