CEDH · CASELAW;DECISIONS;ADMISSIBILITYCOM;ENG — 2 juillet 2019

.s800EAC49 { font-size:12pt } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sBB9EE52A { font-family:Arial } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .sB9D5CABB { width:28.35pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .s6B505E72 { margin:0pt; padding-left:0pt } .sC3C29E73 { margin-top:14pt; margin-left:17.85pt; margin-bottom:12pt; text-indent:-17.85pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-family:Arial; text-transform:uppercase; list-style-position:inside } .s2D9C6089 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s6F7FC1B9 { margin-top:14pt; margin-left:17pt; margin-bottom:3pt; text-align:justify } .s69DCC830 { margin-top:36pt; margin-bottom:0pt } .s5362FFEB { width:4.87pt; display:inline-block } .sA8CD2C62 { width:195.75pt; display:inline-block } .sA2E62387 { width:204.97pt; display:inline-block } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .s76CF415B { page-break-before:always; clear:both } .s75A32C27 { border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .sDF237D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:8pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .s7ED160F0 { text-decoration:none } .sC39F4804 { font-family:Arial; font-size:5.33pt; font-weight:bold; vertical-align:super; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s2DC98A4F { margin-left:29.67pt; text-align:center; padding-left:6.33pt; font-family:Arial; font-size:8pt } .s29100277 { font-family:Arial; font-weight:bold } .sF6A12959 { width:33%; height:1px; text-align:left } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } .sA4BC3E2E { font-family:Arial; font-size:5.33pt; vertical-align:super; color:#000000 }   SECOND SECTION DECISION Applications nos. 73720/14 and 77968/14 Abdullah OSMA and Others against Turkey and Ayşe OSMA and Others against Turkey The European Court of Human Rights (Second Section), sitting on 2 July 2019 as a Committee composed of:   Julia Laffranque, President,   Ivana Jelić,   Arnfinn Bårdsen, judges, and Hasan Bakırcı, Deputy Section Registrar, Having regard to the above applications lodged on 13 November 2014 and 11 December 2014 respectively, Having regard to the declarations submitted by the respondent Government on 14 January 2019 requesting the Court to strike the applications out of the list of cases and the applicants’ reply to that declaration, Having deliberated, decides as follows: FACTS AND PROCEDURE 1.     The list of the applicants is set out in the appendix. They were represented by Mr A. Aktay and Mr U.Ç. Aktay, lawyers practising in Mersin. 2.     The Turkish Government (“the Government”) were represented by their Agent. 3.     The applicants complained, in particular, of the financial loss they had suffered as a result of late payment of the expropriation compensations awarded to them by the domestic courts. 4.     On 19 October 2017 the complaint concerning Article 1 of the Protocol No. 1 to the Convention was communicated to the Government and the remainder of the applications was declared inadmissible pursuant to Rule 54 § 3 of the Rules of Court. 5.     By a letter of 9 March 2018 the Court requested the applicants’ representative to submit duly signed authority forms for the applicants Ms   Ayşe Görgülü (application no. 73720/14) and Mr Ahmet Osma (application no. 77968/14), which he had not done. 6.     After unsuccessful friendly-settlement negotiations, by letter dated 14   January 2019 the Government informed the Court that they proposed to make declarations with a view to resolving the issue raised by the applications. 7.     The Government acknowledged that the failure of the domestic courts to apply any default interest to the respective compensation amounts constituted an excessive burden on the applicants – except Ms Ayşe Görgülü and Mr Ahmet Osma – and breached their right to peaceful enjoyment of their possessions in the light of the Court’s case-law in   Dökmeci v. Turkey (no. 74155/14, 6 December 2016). They undertook to pay the applicants – except Ms Ayşe Görgülü and Mr Ahmet Osma – the amounts detailed in the appended table to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. These sums 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 these sums within the said three-month period, the Government undertook to pay simple interest on them, from 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 Government further requested the Court to strike out the applications. 8.     On 12 March 2019 the Court received letters from the applicants’ representative informing the Court that the applicants had agreed to the terms of the Government’s declarations. THE LAW 9.     Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision. 10.     The Court notes that the applicants’ representative has failed to submit duly signed authority forms for the applicants Ms Ayşe Görgülü (application no. 73720/14) and Mr Ahmet Osma (application no. 77968/14). 11.     Therefore, the Court concludes that the applications, in so far as they concern Ms Ayşe Görgülü and Mr Ahmet Osma, are incompatible   ratione personae   with the provisions of the Convention within the meaning of Article 35 § 3 (a) and must be rejected in accordance with Article 35 § 4 of the Convention (see Çetin v. Turkey   (dec.), no.   10449/08, 13 September 2011). 12.     As for the remainder of the applications, the Court finds that following the applicants’ express agreement to the terms of the declarations made by the Government the cases should be treated as a friendly settlement between the parties. 13.     It therefore 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. 14.     In view of the above, it is appropriate to strike the remainder of the applications out of the list. For these reasons, the Court, unanimously, Decides to join the applications; Declares the applications inadmissible in so far as they relate to Ms Ayşe Görgülü (application no. 73720/14) and Mr Ahmet Osma (application no.   77968/14); Decides to strike the remainder of the applications out of its list of cases pursuant to Article 39 of the Convention. Done in English and notified in writing on 5 September 2019.   Hasan Bakırcı   Julia Laffranque Deputy Registrar   President     APPENDIX No. Application no. Date of introduction Applicant’s name Date of birth     Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per application (in euros) [i]   73720/14 13/11/2014   Abdullah OSMA 14/07/1956   Tahsin OSMA 01/02/1949   Gülşen SİRKE 04/03/1955   Şerife DÜNDAR 31/01/1950   Ayşe GÖRGÜLÜ 20/10/1945   140 (except for Ayşe Görgülü)   77968/14 11/12/2014   Ayşe OSMA 04/01/1932   Fadime BAŞCI 20/11/1950   Mehmet OSMA 05/05/1952   İsmet OSMA 10/05/1954   Yaşar ŞİMŞEK 21/01/1962   Muzaffer OSMA 03/02/1964   Sultan KEŞ 10/06/1966 Konya   Sevim KILINÇ 15/02/1968   Sevgi ÇAT 06/04/1970   Ahmet OSMA 20/02/1977   82 (except for Ahmet Osma)     [i] .     Plus any tax that may be chargeable to the applicants.