PROCEDURE

The case originated in two applications (nos. 33994/06 and 36271/06) 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 two Turkish nationals, Mr Mahmut Güler and Mr Ahmet Kekeç (“the applicants”), on 1 August 2006.

The applicants were represented by Mr A. Özçelik and Mr M. Okutan, lawyers practising in Gaziantep. The Turkish Government (“the Government”) were represented by their Agent.

On 16 September 2009 the President of the Second Section decided to give notice of the applications to the Government. Under the provisions of Article 29 § 3 of the Convention, it was also decided to examine the merits of the applications at the same time as their admissibility.

THE FACTS

THE CIRCUMSTANCES OF THE CASES

The applicants were born in 1956 and 1946 respectively and live in İslahiye, Gaziantep.

1. The first set of proceedings

Each of the applicants, who were employees of the İslahiye Municipality, brought proceedings before the İslahiye Civil Court of First Instance acting as a labour court, claiming unpaid wages and other pecuniary rights on 10 October 2001 and 21 November 2001, respectively.

On 21 May 2004 and 23 May 2003, respectively, the İslahiye Civil Court of First Instance granted the applicants’ requests partially and ordered the payment of 14,288 Turkish Liras (TRY)0 to the first applicant and TRY 18,5140 to the second applicant, together with interest. These judgments became final as no appeal was filed against them.

The first applicant further initiated execution proceedings before the İslahiye Execution Office to obtain the amount ordered by the İslahiye Civil Court of First Instance (file no. 2005/8415).

At the date of introduction of the applications, the aforementioned judgment debts were still outstanding.

2. The second set of proceedings

On 14 November 2002 and 14 September 2002, respectively, the applicants retired from their jobs at the İslahiye Municipality. The town council calculated the applicants’ severance benefits accordingly.

On 18 March 2003, not having been paid the amounts awarded, the applicants brought proceedings before the İslahiye Civil Court of First Instance acting as a labour court, claiming severance benefits and other pecuniary rights.

On 15 July 2004 the labour court ordered the Municipality to pay TRY 11,9180 to the first applicant and TRY 12,1190 to the second applicant, together with interest. These judgments became final as no appeal was filed against them.

The applicants further initiated execution proceedings before the İslahiye Execution Office to obtain those amounts ordered by the İslahiye Civil Court of First Instance (file nos. 2004/351 and 2004/352).

At the date of introduction of the applications, the aforementioned judgment debts were still outstanding.