SECOND SECTION

DECISION

Application no. 1384/18
Hasan YILMAZ and Barış YILMAZ
against Türkiye

(see appended table)

The European Court of Human Rights (Second Section), sitting on 5 December 2024 as a Committee composed of:

Davor Derenčinović, President,
Gediminas Sagatys,
Stéphane Pisani, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 21 December 2017,

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. Selek, a lawyer practising in Istanbul.

The applicants’ complaint under Article 6 § 1 of the Convention concerning the right of access to a court was 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 Türkiye in respect of the facts giving rise to this application, subject to an undertaking by the Government to grant them the right to request the reopening of the civil court proceedings before the national courts on the basis of Article 375 § 1 (i) of the Code of Civil Procedure as amended by Law no. 7145 of 31 July 2018, and 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 case before the Court.

THE LAW

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 application.

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

For these reasons, the Court, unanimously,

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

Done in English and notified in writing on 16 January 2025.

Viktoriya Maradudina Davor Derenčinović
Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 6 § 1 of the Convention

(access to a court)

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 jointly for any and all non-pecuniary damage (in euros)[1]	Amount awarded jointly for costs and expenses (in euros)[2]
1384/18 21/12/2017	Hasan YILMAZ 1963 Barış YILMAZ 1994	Alp Selek Istanbul	12/07/2024	04/11/2024	1,000	500

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 jointly for any and all non-pecuniary damage

(in euros)[1]

Amount awarded jointly for costs and expenses

(in euros)[2]

1384/18

21/12/2017

Hasan YILMAZ

1963

Barış YILMAZ

1994

Alp Selek

Istanbul

12/07/2024

04/11/2024

1,000

500

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

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