PROCEDURE

The case originated in an application (no. 28877/03) 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 five Turkish nationals, Mr Niyazi Ekici, Mr Şükrü Güntoğar, Mr Bayram Akbulut, Mr Salih Demircan and Mrs Müzeyyen Kalkan (“the applicants”), on 22 May 2003.

The applicants were represented by Mr S. Çınar, a lawyer practising in Diyarbakır. The Turkish Government (“the Government”) were represented by their Agent.

On 3 July 2007, the Court decided to give notice of the application to the Government. It also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

On 5 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 pay and other pecuniary rights.

On 11 November 1999 the court ruled in their favour and ordered the municipality to pay the applicants certain amounts in Turkish liras (TRL), including costs, together with interest running from 15 June 1999.

In the absence of an appeal the judgments became final on 22 November 1999.

In the following months, as they did not receive any payment, the applicants requested the Diyarbakır Governorship to intervene in order to facilitate the enforcement of the court’s judgments. The Governor’s Office informed the applicants that it had requested the municipality to redress their grievances. However, due to lack of funds, the municipality did not make any payment.

At the date of introduction of the present application, the relevant judgment debts were still outstanding. Therefore, friendly settlement agreements were reached between the following applicants and the municipality on the dates indicated:

Müzeyyen Kalkan on 15 March 2005;

Şükrü Güntoğar on 23 January 2006, and

Bayram Akbulut on 11 December 2007.

No settlement was reached in respect of the other applicants. However, the municipality deposited a partial amount in the relevant account at the local enforcement office, which was made available to the remaining applicants. On 21 February 2005 Salih Demircan was paid 822 New Turkish liras (TRY).