European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/112.html
Cite as: [2011] ECHR 112
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SECOND SECTION
DECISION
Application no.
48053/08
by Özgün ÖZDEMİR
against Turkey
The European Court of Human Rights (Second Section), sitting on 4 January 2011 as a Chamber composed of:
Françoise
Tulkens,
President,
Ireneu
Cabral Barreto,
Danutė
Jočienė,
Dragoljub
Popović,
András
Sajó,
Işıl
Karakaş,
Guido
Raimondi,
judges,
and
Stanley Naismith, Section
Registrar,
Having regard to the above application lodged on 25 September 2008,
Having regard to the partial decision of 26 May 2009, whereby it was decided to join the present application with three other applications concerning the same matter (applications nos. 14019/07, 46287/07 and 19387/08),
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 Özgün Özdemir, a Turkish national who was born in 1986 and lives in Ankara. He was represented before the Court by Mr A. Paşaoğlu, a lawyer practising in Ankara. The Turkish Government (“the Government”) were represented by their Agent.
The applicant complained under Article 6 § 1 of the Convention that he had not been able to access the classified documents submitted by the Ministry of Defence to the Supreme Military Administrative Court during the proceedings before that court.
On 29 June 2009 and 8 October 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 7,000 euros to cover any pecuniary and 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 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 disjoin the application from the applications to which it had been joined pursuant to Rule 42 § 1 of the Rules of Court (applications nos. 14019/07, 46287/07 and 19387/08); and
Decides to strike the application out of its list of cases.
Stanley Naismith Françoise Tulkens
Registrar President