PROCEDURE

The case originated in three applications (nos. 28152/02 and 28155/02 and 28156/02) 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”) by three Turkish nationals, Mr Nezir Demirhan, Mr Mehdi Görsav and Mr Fırat Çelik (“the applicants”), on 18 June 2002.

The applicants were 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.

The applicants complained that the non-enforcement of court decisions in their favour had given rise to a violation of Article 6 of the Convention and Article 1 of Protocol No. 1.

On 12 September 2006 the Court decided to give notice of the applications. 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 and live in Diyarbakır.

Until 4 May 1999 the applicants were employed as manual workers by the Diyarbakır Sur Municipality (“the Municipality”). On that date, the Municipality discharged 153 employees, including the applicants, without paying their wages, a dismissal indemnity or any other pecuniary rights to which they were entitled pursuant to domestic labour law.

On 2 June 1999 the applicants brought separate actions for compensation against the Municipality before the Diyarbakır Labour Court.

On 11 November 1999 the court ruled in their favour and ordered the Municipality to pay 743,859,795 Turkish liras (TRL)0 to Mr Demirhan, TRL 1,000,000,0000 to Mr Görsav and TRL 774,821,7950 to Mr Çelik, plus statutory interest running from 2 June 1999. It also ruled that the legal costs and expenses of the proceedings should be borne by the Municipality.

In the absence of an appeal, the judgments became final on 11 November 1999.

On an unspecified date, the applicants initiated enforcement proceedings against the Municipality. However, their efforts proved futile as the Municipality refused to comply with the judgments.

On 15 February 2001 and 21 March 2001 the applicants' representative requested the Diyarbakır Governor's Office and the Ministry of Internal Affairs to intervene on their behalf in order to facilitate the enforcement of the court's judgments.

On 9 May 2001 the Diyarbakır Governor's Office informed the applicants' representative that they had written to the Municipality requesting them to redress the applicants' grievances. However, the Municipality did not make any payment since it was underfunded.

On 20 June 2002 Mr Mehdi Görsav reached a friendly settlement agreement with the Municipality. The friendly settlement protocol stipulated that the applicant would waive all of his claims, including the principal amount of compensation determined by the Labour Court, interest and all costs and fees, if he were to be paid TRL 1,025,815,000. The protocol also stated the applicant would receive this sum in five instalments. Between 27 June 2002 and 21 November 2002 this amount was paid to the applicant.

In the meantime, Mr Fırat Çelik initiated enforcement proceedings in order to recover his compensation. However, on 19 December 2002 his case was struck out by the enforcement office since he did not pursue his application.

By letters dated 6 January 2005 the Municipality invited Mr Fırat Çelik and Mr Nezir Demirhan to receive within seven days the principal amount awarded by the Labour Court. However, the applicants declined the invitation since the sum offered did not cover the interest, costs and fees awarded by the Labour Court.