European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/1443.html
Cite as: [2011] ECHR 1443
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SECOND SECTION
FINAL DECISION
Application no.
51829/09
by Osman AKBAŞ and Others
against
Turkey
The European Court of Human Rights (Second Section), sitting on 13 Septembre 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 12 August 2009,
Having regard to the partial decision of 29 April 2010,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicants, Mr Osman Akbaş and Mr Mehmet Sıddık Emire are Turkish nationals who were born in 1973. The third applicant, Mr Alaaddin Muhammed Şeyho, is a Syrian national who was born in 1971. All three applicants are currently serving a prison sentence in the Diyarbakır prison. They were represented before the Court by Mr S. Yurtdaş, a lawyer practising in Diyarbakır. The Turkish Government (“the Government”) were represented by their Agent.
The applicants complained under Articles 5 §§ 3 and 4, 6 § 1 and 13 of the Convention that their pre-trial detention and the criminal proceedings against them had been unreasonably lengthy and that there had been no effective domestic remedies in that respect.
On 5 January and 1 February 2011 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 them 15,600 euros each to cover any pecuniary and non-pecuniary damage and 500 euros jointly to cover any 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 to the applicants. These amounts 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 these sums within the said three-month period, the Government undertook to pay simple interest on them, 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 remainder of the application out of its list of cases.
Françoise Elens-Passos David
Thór Björgvinsson
Deputy
Registrar President