European Court of Human Rights

SECOND SECTION

DECISION

Application no. 27644/08
Halil AKINTI
against Turkey

The European Court of Human Rights (Second Section), sitting on 5 June 2012 as a Committee composed of:

Isabelle Berro-Lefèvre, President,
Guido Raimondi,
Helen Keller, judges,
and Françoise Elens-Passos, Deputy Section Registrar,

Having regard to the above application lodged on 29 May 2008,

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

Having deliberated, decides as follows:

PROCEDURE

The applicant, Mr Halil Akıntı, is a Turkish national, who was born in 1972 and lives in Diyarbakır. He was represented before the Court by Mr N. Yıldırım, a lawyer practising in Diyarbakır. The Turkish Government (“the Government”) were represented by their Agent.

On 30 November 2011 the Court decided to communicate the application to the Government under Articles 5 § 3, 6 § 1 and 13 of the Convention with regards the length of applicant’s pre-trial detention and criminal proceedings, as well as the lack of an effective domestic remedy in respect of lengthy criminal procedure, which started on 29 September 2000 with the applicant’s arrest and ended on 30 September 2009 with the adoption of a final domestic decision.

On 31 January and 14 March 2012 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 EUR 10,000 (ten 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. 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.

In view of the above, it is appropriate to strike the case out of the list pursuant to Article 39 of the Convention.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

Françoise Elens-Passos Isabelle Berro-Lefèvre
Deputy Registrar President