European Court of Human Rights

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URL: http://www.bailii.org/eu/cases/ECHR/2009/1376.html
Cite as: [2009] ECHR 1376

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SECOND SECTION

FINAL DECISION

Application no. 4545/05
by Namık Kemal ÖZMEN
against Turkey

The European Court of Human Rights (Second Section), sitting on 1 September 2009 as a Chamber composed of:

Françoise Tulkens, President,
Ireneu Cabral Barreto,
Vladimiro Zagrebelsky,
Danutė Jočienė,
András Sajó,
Nona Tsotsoria,
Işıl Karakaş, judges,
and Sally Dollé, Section Registrar,

Having regard to the above application lodged on 18 December 2004,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having regard to the partial decision of 3 March 2009,

Having deliberated, decides as follows:

PROCEDURE

The applicant, Mr Namık Kemal Özmen, is a Turkish national who was born in 1959 and lives in Ankara. He was not represented by a lawyer in the proceedings before the Court. The Turkish Government (“the Government”) were represented by their Agent.

On 3 March 2009 the Court decided to communicate the applicant’s complaint concerning the length of administrative proceedings under Article 6, which began on 24 June 1992 and ended on 15 April 2004.

On 6 April 2009 and 3 June 2009 the Court received friendly settlement declarations signed by the parties by which the applicant agreed to waive any further claims against Turkey in respect of the facts giving rise to this application against an undertaking by the Government to pay him 6,500 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would be converted into Turkish liras at the rate applicable on the date of payment, and free of any taxes that may be applicable. This sum would be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period, plus three percentage points. The payment would constitute the final resolution of the case.

THE LAW

The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention).

In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

Sally Dollé Françoise Tulkens
Registrar President