European Court of Human Rights

SECOND SECTION

DECISION

Application no. 3798/10
by Mehmet ÇEVİKBAY
against Turkey

The European Court of Human Rights (Second Section), sitting on 5 July 2011 as a Committee composed of:

David Thór Björgvinsson, President,
Giorgio Malinverni,
Guido Raimondi, judges,
and Françoise Elens-Passos, Deputy Section Registrar,

Having regard to the above application lodged on 11 January 2010,

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

Having deliberated, decides as follows:

PROCEDURE

The applicant, Mr Mehmet Çevikbay, is a Turkish national who was born in 1970 and lives in Ankara. He was represented before the Court by Mr M. Günaydın, a lawyer practising in Ankara. The Turkish Government (“the Government”) were represented by their Agent.

The applicant complained under Article 6 of the Convention that the written submissions made by the principal public prosecutor to the Court of Cassation had not been communicated to him, that no oral hearing had been held before the Court of Cassation and that the Ankara Assize Court’s judgment had been erroneous and unfair.

On 2 February and 30 March 2011 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 1,000 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 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 David Thór Björgvinsson
Deputy Registrar President