DALMIŞ v. TURKEY

 
SECOND SECTION
DECISION
Application no. 38325/15
Meymo DALMIŞ
against Turkey
 
The European Court of Human Rights (Second Section), sitting on 7 March 2019 as a Committee composed of:
Stéphanie Mourou-Vikström, President,
Arnfinn Bårdsen,
Darian Pavli, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 15 July 2015,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Mr S. Bozkurt, a lawyer practising in Ankara.
The applicant’s complaints under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings were communicated to the Turkish Government (“the Government”).
On 9 September 2016 the Government informed the Registry that the applicant had died. The applicant’s representative informed the Registry on 15 November 2016 that Mr Murat Dalmış, the applicant’s husband and heir, wished to pursue the application and agreed with the friendly-settlement proposal. The Government accepted the locus standi of the heir in the proceedings.
The Court received rectified friendly-settlement declarations under which the applicant’s heir 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 him the amount detailed in the appended table. This amount 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 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
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 28 March 2019.
Liv TigerstedtStéphanie Mourou-Vikström
Acting Deputy RegistrarPresident


 
APPENDIX
Application raising complaints under Article 6 § 1 of the Convention
(excessive length of civil proceedings)
 
Application no.
Date of introduction
Applicant’s name
Date of birth
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
per applicant
(in euros)[1]
38325/15
15/07/2015
Meymo Dalmış
02/01/1929
Deceased on 27/07/2015
 
Heir (husband)
Murat Dalmış
01/07/1928
01/03/2018
 
27/08/2018
1,300
 
[1]. Plus any tax that may be chargeable to the applicant.

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