PROCEDURE

The case originated in seven applications (nos. 74703/01, 74069/01, 76380/01, 16809/02, 25710/02, 25714/02 and 30383/02) against the Republic of Turkey lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”). Application no. 74703/01 was submitted by ten applicants, namely Mr Abbas Baran, Mr Mehmet Bayram Ceylan, Mr Mehmet Cihat Aydın, Mr M. Ali Ağın, Mr Mustafa Yağmur, Mr Hasan Buğa, Mr Fuat Albayrak, Mr Ahmet Hüseyinoğlu, Mr Enver Askan and Mr Hamdusela Ekinci. Application no. 74069/01 was submitted by co‑applicants Mr İnayet Çiçek and Mr Necat Öztemel. The remainder of the applications were submitted by Mr Nusret Atlı (no. 76380/01), Mr Musa Narin (no. 16809/02), Mr Şaban Canpolat (no. 25710/02), Mr Mehmet Fikri Yıldırım (no. 25714/02) and Mr Mehmet Salih Kömekçi (no. 30383/02).

The applicants were all represented by Mr Sedat Çınar, a lawyer practising in Diyarbakır. The Turkish Government (“the Government”) did not designate an Agent for the purposes of the proceedings before the Court.

On various dates between 2003 and 2005, the Court decided to give notice of the applications to the Government. Under the provisions of Article 29 § 3 of the Convention, it decided to examine the merits of the applications at the same time as their admissibility.

THE FACTS

THE CIRCUMSTANCES OF THE CASE

The applicants are all Turkish nationals who live in Diyarbakır.

In May 1999 the applicants were laid off by the Diyarbakır Sur municipality, with which they had been employed.

Each of the applicants brought an action in the Diyarbakır Labour Court, claiming outstanding salaries, dismissal indemnities, severance pays and other pecuniary rights.

On 11 November 1999 the court ruled in their favour and ordered the municipality to pay the following amounts in Turkish lira (TRL), including costs, together with interest running from June 1999: i. TRL 915,737,870 to Abbas Baran; ii. TLR 880,824,998 to Mehmet Bayram Ceylan0; iii. TLR 1,062,932,278 to M. Cihat Aydın; iv. TLR 911,348,350 to M. Ali Ağın; v. TLR 1,111,150,000 to Mustafa Yağmur; vi. TLR 935,170,454 to Hasan Buğa; vii. TLR 833,474,812 to Fuat Albayrak; viii. TLR 1,078,451,254 to Ahmet Hüseyinoğlu; ix. TLR 1,021,383,958 to Enver Askan; x. TLR 905,829,494 to Hamdusela Ekinci; xi. TLR 1,000,000,000 to İnayet Çiçek; xii. TRL 999,717,000 to Necat Öztemel; xiii. TRL 781,245,000 to Nusret Atlı; xiv. TRL 1,111,150,000 to Musa Narin; xv. TRL 863,345,000 to Şaban Canpolat; xvi. TRL 27,113 to Mehmet Fikri Yıldırım; and xvii. TRL 956,675,582 to Mehmet Salih Kömekçi.

In the absence of an appeal the judgments became final on 19 November 1999.

Within the following months, the applicants initiated enforcement proceedings in order to receive the due amounts. As their efforts proved fruitless, they requested the Diyarbakır Governorship to intervene to facilitate the enforcement of the court's judgments. The Governor's Office informed the applicants that they had requested the municipality to redress their grievances. However, the municipality did not make any payment since it was underfunded.

At the date of introduction of the current applications, the relevant judgment debts were still outstanding. However, in the meantime, friendly settlement agreements were reached between the following applicants and the municipality on the dates indicated: i. Abbas Baran on 17 January 2005; ii. Mustafa Yağmur on 25 December 2003; iii. Hasan Buğa on 28 December 2001; iv. Hamdusela Ekinci on 21 November 2005; v. İnayet Çiçek on 11 December 2003; vi. Necat Öztemel on 23 December 2003; vii. Nusret Atlı on 21 November 2005; viii. Musa Narin on 20 May 2003; and ix. Mehmet Fikri Yıldırım on 14 February 2002.

No settlement was reached with the other applicants. However, the municipality deposited certain partial amounts in the relevant account at the local enforcement office, which amounts were made available to some applicants and later paid.

On 9 November 2004 a settlement agreement was reached by the applicants' representative, Mr Sedat Çınar, and the authorities. The agreement concerned the outstanding legal fees stemming from the labour courts' judgments. Mr Çınar waived all of his rights and claims in connection with his representation of the applicants in the labour cases.

On 28 March 2005 Mehmet Salih Kömekçi, Ahmet Hüseyinoğlu and M. Cihat Aydın initiated fresh claims against the municipality to recover their severance pay.