The European Court of Human Rights (Second Section), sitting on 14 December 2010 as a Committee composed of: Danutė Jočienė, President, Nona Tsotsoria, Guido Raimondi, judges and Françoise Elens-Passos, Deputy Section Registrar, Having regard to the applications lodged on the dates indicated in the annex, Having regard to the formal declarations accepting a friendly settlement of the case, Having deliberated, decides as follows: PROCEDURE The applicants whose names are listed in the annex are Turkish nationals from Yörükler village of Samsun, Turkey. They are represented before the Court by Mr E. Bora and Mr H. Dereli, lawyers practising in Ankara. On 4 September 2009 the Court decided to communicate the applicants’ complaint concerning the length of civil proceedings under Article 6 of the Convention. The proceedings regarding the ownership of a number of parcels began in...
SECOND SECTION DECISION Application no. 34324/06 by Yılmaz and Others and 51 other applications1 against Turkey The European Court of Human Rights (Second Section), sitting on 14 December 2010 as a Committee composed of: Danutė Jočienė, President, Nona Tsotsoria, Guido Raimondi, judges and Françoise Elens-Passos, Deputy Section Registrar, Having regard to the applications lodged on the dates indicated in the annex, Having regard to the formal declarations accepting a friendly settlement of the case, Having deliberated, decides as follows: PROCEDURE The applicants whose names are listed in the annex are Turkish nationals from Yörükler village of Samsun, Turkey. They are represented before the Court by Mr E. Bora and Mr H. Dereli, lawyers practising in Ankara. On 4 September 2009 the Court decided to communicate the applicants’ complaint concerning the length of civil proceedings under Article 6 of the Convention. The proceedings regarding the ownership of a number of parcels began in 1961. The applicants either became heirs or intervened at 1. See the annex
2 YILMAZ AND OTHERS v. TURKEY DECISION different dates. According to the information in the case-file the proceedings are pending in respect of one of the parcels. On 2 October 2009 and 1 July 2010 the Court received friendly settlement declarations signed by the parties by 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 ex gratia 5,000 (five thousand) euros (EUR) each to Zeynep Yıldırım, Adil Yıldırım, Sami Yıldız and EUR 3,500 (three thousand five hundred) to each of the remaining applicants indicated in the annexed table, together with EUR 3,000 (three thousand) as costs and expenses jointly to their representatives, to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would be converted into Turkish liras at the rate applicable on the date of payment, and free of any taxes that may be chargeable to the applicants. This sum would 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 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 would constitute the final resolution of the cases. On 20 September 2010 the applicants’ lawyer informed the Court that Mehmet Eroğlu (application no. 34324/06) died on 26 April 2007 and his heirs (see the attached list) wished to pursue the proceedings before the Court. Submitting the authority forms, he added that the applicant’s heirs accept to share the amount offered to the deceased ap...