SECOND SECTION
\nDECISION<\/p>\n
Application no. 9879\/10
\nMehmet Mustafa EK\u0130NC\u0130 and others
\nagainst Turkey<\/p>\n
The European Court of Human Rights (Second Section), sitting on 20\u00a0November 2018 as a Committee composed of:<\/p>\n
Ledi Bianku, President,
\nJon Fridrik Kj\u00f8lbro,
\nIvana Jeli\u0107, judges,<\/p>\n
and Hasan Bak\u0131rc\u0131, Deputy Section Registrar,<\/p>\n
Having regard to the above application lodged on 8 January 2010,<\/p>\n
Having regard to the formal declarations accepting a friendly settlement of the case,<\/p>\n
Having deliberated, decides as follows:<\/p>\n
FACTS AND PROCEDURE<\/strong><\/p>\n 1.\u00a0\u00a0A list of the applicants is set out in the appendix.<\/p>\n 2.\u00a0\u00a0The Turkish Government (\u201cthe Government\u201d) were represented by their Agent.<\/p>\n 3.\u00a0\u00a0The applicants complained under, inter alia, Article 2 of the Convention that the authorities of the respondent Government had failed to take steps to protect the right to life of their relative who committed suicide in a psychiatric hospital ward reserved for remand prisoners.<\/p>\n 4.\u00a0\u00a0On 18 June 2018 the Court received the following friendly settlement declaration signed by the Government:<\/p>\n \u201cThe Government regret the occurrence of individual cases of death caused by failures to protect life, as in the circumstances of the present case, notwithstanding existing Turkish legislation and the resolve of the Government to prevent such failures.<\/p>\n The Government admit that applicants\u2019 relative\u2019s death resulting from the failure to provide protective measures and the investigation conducted into the death did not meet the standards enshrined in Article 2 of the Convention. The Government undertake to adopt all necessary measures to ensure that the right to life \u2013 including the obligation to carry out effective investigations \u2013 is respected in the future.<\/p>\n The Government of Turkey declare that they offer to pay jointly to the applicants Mehmet Mustafa Ekinci, Y\u0131ld\u0131zEkinci, VeyselEkinci, G\u00fclistanEkinci, RezanEkinci, NevinAltun, \u00c7ekdarEkinci, H\u00fclyaYe\u011fin and NesimeTekin, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, EUR 20,000 (twenty thousand euros) to cover any non-pecuniary damage, plus any tax that may be chargeable and EUR 2,000 (two thousand euros) to cover any and all costs and expenses, plus any tax that may be chargeable to the applicants.<\/p>\n These sums will be converted into Turkish liras at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the decision taken by the Court to strike the case out of its list of cases. In the event of failure to pay these sums within the said three-month period, the Government undertake 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 case.\u201d<\/p>\n 5.\u00a0\u00a0On 18 October 2018 the Court received the following declaration from the applicants:<\/p>\n \u201cI, KadirTun\u00e7, note that the Government of Turkey are prepared to pay jointly to the applicants Mehmet Mustafa Ekinci, Y\u0131ld\u0131zEkinci, VeyselEkinci, G\u00fclistanEkinci, RezanEkinci, NevinAltun, \u00c7ekdarEkinci, H\u00fclyaYe\u011fin and NesimeTekin, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, EUR 20,000 (twenty thousand euros) to cover any non-pecuniary damage, plus any tax that may be chargeable and EUR 2,000 (two thousand euros) to cover any and all costs and expenses, plus any tax that may be chargeable to the applicants.<\/p>\n These sums will be converted into Turkish liras at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the decision taken by the Court to strike the case out of its list of cases. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.<\/p>\n Having consulted the applicants, I would inform you that they accept the proposal and waive any further claims against Turkey in respect of the facts giving rise to this application. They declare that this constitutes a final resolution of the case.\u201d<\/p>\n THE LAW<\/strong><\/p>\n 6.\u00a0\u00a0The 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 application. In view of the above, it is appropriate to strike the case out of the list.<\/p>\n For these reasons, the Court, unanimously,<\/p>\n Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.<\/p>\n Done in English and notified in writing on 13 December 2018.<\/p>\n Hasan Bak\u0131rc\u0131\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Ledi Bianku __________________<\/p>\n Appendix<\/p>\n
\nDeputy Registrar\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 President<\/p>\n\n\n
\n No.<\/strong><\/td>\n Firstname LASTNAME<\/strong><\/td>\n Birth year<\/strong><\/td>\n Place of residence<\/strong><\/td>\n Representative<\/strong><\/td>\n<\/tr>\n<\/thead>\n\n \n 1.<\/td>\n Mehmet Mustafa EK\u0130NC\u0130<\/td>\n 1948<\/td>\n \u0130STANBUL<\/td>\n K. Tun\u00e7<\/td>\n<\/tr>\n \n 2.<\/td>\n Nevin ALTUN<\/td>\n 1974<\/td>\n \u0130STANBUL<\/td>\n K. Tun\u00e7<\/td>\n<\/tr>\n \n 3.<\/td>\n \u00c7ekdar EK\u0130NC\u0130<\/td>\n 1994<\/td>\n \u0130STANBUL<\/td>\n K. Tun\u00e7<\/td>\n<\/tr>\n \n 4.<\/td>\n G\u00fclistan EK\u0130NC\u0130<\/td>\n 1989<\/td>\n \u0130STANBUL<\/td>\n K. Tun\u00e7<\/td>\n<\/tr>\n \n 5.<\/td>\n Rezan EK\u0130NC\u0130<\/td>\n 1986<\/td>\n \u0130STANBUL<\/td>\n K. Tun\u00e7<\/td>\n<\/tr>\n \n 6.<\/td>\n Veysel EK\u0130NC\u0130<\/td>\n 1986<\/td>\n \u0130STANBUL<\/td>\n K. Tun\u00e7<\/td>\n<\/tr>\n \n 7.<\/td>\n Y\u0131ld\u0131z EK\u0130NC\u0130<\/td>\n 1950<\/td>\n \u0130STANBUL<\/td>\n K. Tun\u00e7<\/td>\n<\/tr>\n \n 8.<\/td>\n Nesime TEK\u0130N<\/td>\n 1980<\/td>\n D\u0130YARBAKIR<\/td>\n K. Tun\u00e7<\/td>\n<\/tr>\n \n 9.<\/td>\n H\u00fclya YE\u011e\u0130N<\/td>\n 1979<\/td>\n D\u0130YARBAKIR<\/td>\n K. Tun\u00e7<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n