European Court of Human Rights

SECOND SECTION

DECISION

Application no. 23284/08
Barbaros DOĞAN
against Turkey

The European Court of Human Rights (Second Section), sitting on 15 November 2011 as a Committee composed of:

Dragoljub Popović, President,
András Sajó,
Paulo Pinto de Albuquerque, judges,
and Françoise Elens-Passos, Deputy Section Registrar,

Having regard to the above application lodged on 30 April 2008,

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

Having deliberated, decides as follows:

PROCEDURE

The applicant, Mr Barbaros Doğan, is a Turkish national who was born in 1957 and lives in Ankara.

He was represented before the Court by Mr A. Şencan, a lawyer practising in Ankara. The Turkish Government (“the Government”) were represented by their Agent.

On 1 March 2010 the Court decided to communicate the applicant’s complaints under Articles 6 § 1 and 13 of the Convention concerning the length of civil proceedings and the lack of an effective domestic remedy to challenge the length of these proceedings, which started on 24 June 1999 and had been still pending by the time the application was introduced to the Court.

On 17 June 2010 and 6 September 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 6,000 (six thousand) euros to cover any pecuniary and non pecuniary damage as well as costs and expenses, which would 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 Dragoljub Popović
Deputy Registrar President