PROCEDURE

The case originated in two applications (nos. 25952/03 and 25966/03) 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 two Turkish nationals, Mr İsa Düzdemir and Mr Gıyasettin Güner (“the applicants”), on 26 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 14 September 2007 the President of the Second Section decided to give notice of the applications to the Government. It was also decided to examine the merits of the applications at the same time as their admissibility (Article 29 § 3).

By a letter dated 9 July 2009, the respondent Government informed the Court that the first applicant, Mr İsa Düzdemir, had died on 19 April 2008. By a letter dated 6 August 2009, the applicants' representative verified the first applicant's death on the said date and informed the Court that his heirs, namely Mr Mehmet Düzdemir, Mr Şükrü Düzdemir, Mr Ahmet Düzdemir, Mr Abdurrahman Düzdemir, Mr Harun Düzdemir and Mr Musa Düzdemir, wished to pursue his application.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASES

The applicants were born in 1981 and 1961 respectively and lived in Diyarbakır.

On 5 May 1999 the applicants were laid off by the Diyarbakır Sur Municipality (“the Municipality”), with which they had been temporarily employed.

The applicants subsequently brought separate actions before the Diyarbakır Labour Court against the Municipality, claiming outstanding salaries, dismissal indemnities, severance pay and other pecuniary rights.

On 23 December and 11 November 1999, respectively, the labour court granted the applicants' request and ordered the payment of 324,681,000 Turkish liras (TRL)1 to the first applicant and TRL 927,531,0002 to the second applicant, together with interest. In the absence of an appeal, these judgments became final on 3 January 2000 and 22 November 1999, respectively.

At the date of introduction of the applications, the judgment debts were still outstanding. However, in the meantime, friendly settlement agreements were reached between the applicants and the Municipality on 31 July 2008 and 10 February 2005, respectively, and the relevant payments were made to the applicants.