Saydam and Others v. Turkey

SECOND SECTION

Application no. 77230/14 Mehmet SAYDAM and Others against Turkey

(see appended table)

The European Court of Human Rights (Second Section), sitting on 25 November 2021 as a Committee composed of:

Branko Lubarda, President, Pauliine Koskelo, Marko Bošnjak, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 5 December 2014,

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

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. Aktay, a lawyer practising in Mersin.

The Court has been informed that the applicant, Dursun Saydam, has died on 13 June 2018 and that his lawyer failed to reach the potential heirs.

The applicants’ complaints under Article 6 of the Convention and Article 1 of Protocol no. 1 to the Convention concerning the alleged financial loss they had suffered as a result of late payment of the expropriation amounts, with no interest applied to the amounts awarded by the domestic courts, and the courts’ order for them to pay a lawyer’s fee were communicated to the Turkish Government (“the Government”).

The Court received the friendly-settlement declarations, signed by the parties, under which the applicants, with the exception of the deceased applicant Dursun Saydam, agreed to waive any further claims against Turkey in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay them jointly the amount in Turkish liras (TRY) detailed in the appended table. This amount will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertake to pay simple interest on it, 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 case.

THE LAW

In respect of the applicant, Dursun Saydam, the Court notes that no heirs manifested their interest to continue the proceedings before it on the late applicant’s behalf. It thus concludes that the applicant’s heirs do not wish to pursue the application within the meaning of Article 37 § 1 (a) of the Convention. Accordingly, the case in respect of Mr Dursun Saydam should be struck out of the list.

The Court takes note of the friendly settlement reached between the remaining applicants and the Government. 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 application in this part.

In view of the above, it is appropriate to strike the remaining part of the case out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases in respect of Mr Dursun Saydam in accordance with Article 37 § 1 (a) of the Convention;

Decides to strike the application in respect of the remaining six applicants out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 16 December 2021.

Viktoriya Maradudina Branko Lubarda Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 6 of the Convention and Article 1 of Protocol no. 1 to the Convention

Application no. Date of introduction

Applicant’s name

Year 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

(in TRY ) [1]

77230/14

05/12/2014

( 7 applicants )

Mehmet SAYDAM

1969

Ahmet SAYDAM

1944

Hasan SAYDAM

1958

Mustafa SAYDAM

1967

Ayşe POLAT

1955

Fatma İŞLEYEN

1971

Dursun SAYDAM

1926

(Deceased on 13/06/2018)

Aktay Adil

Mersin

26/06/2020

07/09/2020

2,210

Jointly to six applicants (excluding Dursun Saydam, deceased)

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