Hasan COBANOCLU and Others v Turkey - 43550/07 [2011] ECHR 656 (29 March 2011)


    BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

    No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
    Thank you very much for your support!



    BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

    European Court of Human Rights


    You are here: BAILII >> Databases >> European Court of Human Rights >> Hasan COBANOCLU and Others v Turkey - 43550/07 [2011] ECHR 656 (29 March 2011)
    URL: http://www.bailii.org/eu/cases/ECHR/2011/656.html
    Cite as: [2011] ECHR 656

    [New search] [Contents list] [Printable RTF version] [Help]




    SECOND SECTION

    DECISION

    Applications nos. 43550/07, 43558/07, 43559/07, 43567/07 and 43599/07
    by Hasan ÇOBANOĞLU and Others
    against Turkey

    The European Court of Human Rights (Second Section), sitting on 29 March 2011 as a Committee composed of:

    Ireneu Cabral Barreto, President,
    Dragoljub Popović,
    András Sajó, judges,
    and Françoise Elens-Passos, Deputy Section Registrar,

    Having regard to the above applications lodged on 28 September 2007,

    Having deliberated, decides as follows:

    THE FACTS

    The applications were lodged by twenty Turkish nationals, whose names appear in the appendix hereto and who live in Şanlıurfa. They are represented before the Court by Mr M. Akdoğan and Ms S. Berkyürek, lawyers practising in Mersin, except for the applicants in applications nos. 43559/07 and 43599/07, who are represented by Mr M. Akdoğan alone. The Turkish Government (“the Government”) were represented by their Agent.

    The applicants complained that the delay in the payment of the additional compensation which they were awarded by the Halfeti Civil Court following the expropriation of their properties violated their rights under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1.

    The applicants’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations. No reply was received to the Registry’s letter.

    By letter dated 26 November 2010, sent by registered post, the applicants’ representatives were notified that the period allowed for submission of their observations had expired on 17 February 2010 and that no extension of time had been requested. The applicants’ representatives’ attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that an applicant does not intend to pursue the application. According to the acknowledgment of receipt slip, which reached the Registry on 15 December 2010, the applicants’ representatives could not be found at the indicated address. However, no information has been received from the representatives regarding any change of address, despite the clear obligation to this effect.

    THE LAW

  1. Having regard to the similar subject matter of the applications, the Court finds it appropriate to join them.
  2. The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their applications, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the cases.
  3. In view of the above, it is appropriate to strike the cases out of the list.

    For these reasons, the Court unanimously


    Decides to join the applications,

    Decides to strike the applications out of its list of cases.


    Françoise Elens-Passos Ireneu Cabral Barreto
    Deputy Registrar President

    APPENDIX


    Application No.

    Applicants’ names and dates of birth


    43550/07


    Hasan Çobanoğlu- 1930


    43558/07


    Mehmet Hanifi Çobanoğlu- 1926


    43559/07


    Ayişe Çobanoğlu- 1948

    Hadice Akdoğan- 1946

    Kadriye Akdoğan- 1965

    Mehmet Akdoğan- 1955

    Yusuf Kenan Akdoğan- 1920

    Fatma Cihangir- 1950

    Gürsel Güner- 1958


    43567/07


    Recep Akdoğan- 1934

    Şakir Toksöz- 1930


    43599/07


    Aliye Kanbel Akbuğa- 1936

    Mehmet Akbuğa- 1964

    Hadice Yaşar- 1954

    Havva Toksöz- 1959

    Ahmet Akbuğa- 1962

    Lülefer Bozkurt- 1965

    Zahide Akbuğa- 1974

    Muzaffer Akbuğa- 1971

    Hakan Hoşgören- 1991



     



BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/eu/cases/ECHR/2011/656.html