Orzeczenia sądów
Opublikowano: www.echr.coe.int

Decyzja
Europejskiego Trybunału Praw Człowieka
z dnia 22 listopada 2016 r.
37221/05

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2016:1122DEC003722105

SECOND SECTION

DECISION

Application no. 37221/05

Murat BAYRAM against Turkey

and 3 other applications

(see list appended)

The European Court of Human Rights (Second Section), sitting on 22 November 2016 as a Committee composed of:

Nebojša Vučinić, President,

Valeriu Griţco,

Stéphanie Mourou-Vikström, judges,

and Hasan Bakırcı, Deputy Section Registrar,

Having regard to the above applications lodged on 28 September 2005,

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

Having deliberated, decides as follows:

Uzasadnienie faktyczne

FACTS AND PROCEDURE

A list of the applicants is set out in the appendix.

The Turkish Government ("the Government") were represented by their Agent.

The applicants complained under Article 6 § 1 of the Convention about the lack of fairness in the proceedings before the Supreme Military Administrative Court on account of their inability to access the classified documents submitted by the Ministry of Defence to that court in the course of the judicial proceedings.

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 6,500 (six thousand and five hundred) Euros (EUR) to cover any pecuniary and non-pecuniary damage as well as EUR 500 (five hundred) for costs and expenses, which will be converted into Turkish Liras (TRY) at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court. 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 will constitute the final resolution of the cases.

Uzasadnienie prawne

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 its Protocols 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.

Sentencja

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 15 December 2016.

Hasan Bakırcı

Nebojša Vučinić

Deputy Registrar

President

APPENDIX

No

Application No

Lodged on

Applicant

Date of birth

Place of residence

Represented by

1.

37221/05

28/09/2005

Murat BAYRAM

25/10/1984

Mersin

Mustafa ERDOĞDU

2.

43222/09

03/08/2009

İlhan BENGİSU

1/07/1975

Tekirdağ

İbrahim YILMAZER

3.

60112/10

15/09/2010

Kasım ASLAN

5/08/1972

Bilecik

4.

17816/11

13/12/2010

Abdurrahman PARLAK

1/01/1989

Kütahya

Mehmet Ali KELEŞ