European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/1759.html
Cite as: [2011] ECHR 1759
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SECOND SECTION
DECISION
Application no.
10159/06
by Ali Müfit KESKİNÖZ
against
Turkey
The European Court of Human Rights (Second Section), sitting on 27 September 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 20 February 2006,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Mr Ali Müfit Keskinöz, is a Turkish national who was born in 1950 and lives in Kocaeli. He was represented before the Court by Mr R. Avcı, a lawyer practising in İzmit. The Turkish Government (“the Government”) were represented by their Agent.
The applicant complained that the length of the administrative proceedings had been unreasonable. As at the time of the introduction of the application, the proceedings had already lasted some five years before two levels of jurisdiction.
On 24 December 2010 and 29 April 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 the applicant EUR 2,000 (two thousand 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 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