Kayik and Others v. Turkey
Struck out of the list
Berörda konventionsartiklar
SECOND SECTION
Application no. 1937/10 Zeki KAYIK against Turkey and 7 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 21 January 2021 as a Committee composed of:
Branko Lubarda, President, Carlo Ranzoni, Pauliine Koskelo, 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 were represented by Mr A. Çakan, a lawyer practising in Batman.
The present applications mainly concern the property damage sustained by the applicants following a large underground explosion that took place in Batman on 3 May 2004. The applicants’ complaints under Article 6 § 1 of the Convention, concerning their inability to access the civil courts to claim damages on account of the allegedly erroneous application of the time-limit rules, and under Article 1 of Protocol No. 1 to the Convention, regarding the alleged violation of their property rights as a result of the explosion, were communicated to the Turkish Government (“the Government”).
The Court received the 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, 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 11 February 2021.
Liv Tigerstedt Branko Lubarda Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention
No.
Application no. Date of introduction
Applicant’s name
Year of birth
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]
1937/10
17/12/2009
Zeki KAYIK
1958
03/12/2020
27/10/2020
10,000
1942/10
17/12/2009
Abdulvahap KAYIK
1960
03/12/2020
27/10/2020
10,000
3438/10
17/12/2009
Aydın PEKTAŞ
1969
03/12/2020
27/10/2020
10,000
3828/10
17/12/2009
Seyfettin FIRAT
1978
03/12/2020
27/10/2020
10,000
3845/10
17/12/2009
Şabettin YAŞAR
1963
03/12/2020
27/10/2020
10,000
21974/10
30/03/2010
Abdulkadir FIRAT
1973
03/12/2020
27/10/2020
10,000
21979/10
30/03/2010
Salih ÇİFTLİK
1950
03/12/2020
27/10/2020
10,000
21981/10
30/03/2010
(3 applicants)
Sabri KUAŞ
1932
Necat ÖZTAŞ
1974
Necdet NASIROĞLU (ÖZTAŞ)
1970
03/12/2020
27/10/2020
Jointly to the three applicants
10,000
[1] Plus any tax that may be chargeable to the applicants.