European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2010/1154.html
Cite as: [2010] ECHR 1154
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SECOND SECTION
DECISION
Application no.
15555/07
by Mehmet ERKAN and Yusuf ERKAN
against Turkey
The European Court of Human Rights (Second Section), sitting on 29 June 2010 as a Chamber composed of:
Françoise
Tulkens,
President,
Ireneu
Cabral Barreto,
Danutė
Jočienė,
András
Sajó,
Nona
Tsotsoria,
Işıl
Karakaş,
Kristina
Pardalos,
judges,
and Françoise Elens-Passos,
Deputy Section Registrar,
Having regard to the above application lodged on 28 March 2007,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by Mr Mehmet Erkan and Mr Yusuf Erkan, Turkish nationals, who were born in 1953 and 1979 respectively and live in Balıkesir. They were represented before the Court by Mr S. Topuz, a lawyer practising in Balıkesir. The Turkish Government (“the Government”) were represented by their Agent.
On 27 August 2009 the Court decided to communicate the applicants' complaints concerning the length of two sets of civil proceedings and lack of an effective remedy in respect of this complaint. The first set of proceedings began on 11 July 1995 and ended on 25 February 2004, whereas the second set of proceedings began on 22 October 2001 and ended on 12 September 2006.
On 28 September 2009 and 3 March 2010 the Court received friendly settlement declarations signed by the parties under which the applicants 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 each of the applicants EUR 4,500 (four thousand five hundred 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 will be free of any taxes that may be applicable. It will 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 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 will 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.
Françoise Elens-Passos Françoise
Tulkens
Deputy Registrar President