European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2010/810.html
Cite as: [2010] ECHR 810
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SECOND SECTION
DECISION
Application no.
8937/04
by Taylan ÇOKLAR
against Turkey
The European Court of Human Rights (Second Section), sitting on 11 May 2010 as a Chamber composed of:
Françoise
Tulkens,
President,
Ireneu
Cabral Barreto,
Dragoljub
Popović,
Nona
Tsotsoria,
Işıl
Karakaş,
Kristina
Pardalos,
Guido
Raimondi,
judges,
and Sally
Dollé, Section
Registrar,
Having regard to the above application lodged on 16 February 2004,
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 Taylan Çoklar, a Turkish national who was born in 1961 and lives in Tarsus. He was represented before the Court by Mr H. İlter, a lawyer practising in Ankara. The Turkish Government (“the Government”) were represented by their Agent.
Without relying on any provisions of the Convention, the applicant complained of the excessive length of the criminal proceedings against him.
On 19 November 2009 and 11 March 2010 the Court received friendly settlement declarations signed by the parties under 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 19,700 euros to cover any non-pecuniary damage as well as costs and expenses, which will 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 undertake 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.
Sally Dollé Françoise Tulkens
Registrar President