SECOND SECTION
DECISION
Application no. 19125/08
Mehmet AĞAR
against Turkey
The European Court of Human Rights (Second Section), sitting on 4 September 2012 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 8 April 2008,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Mr Mehmet Ağar, is a Turkish national, who was born in 1979 and lives in Istanbul He was represented before the Court by Mrs G. Tuncer, a lawyer practising in Istanbul.
The Turkish Government (“the Government”) were represented by their Agent.
The applicant complained under Article 6 of the Convention that he had been denied legal assistance during his police custody. Relying upon the same Article, he also complained about the excessive length of the criminal proceedings against him and maintained that the Istanbul State Security Court, which decided that he should be placed in pre-trial detention, had lacked independence and impartiality. Finally, the applicant argued under Articles 3 and 13 of the Convention that he had been subjected to ill‑treatment during his police custody.
On 15 March 2011 the complaints under Article 6 of the Convention were communicated to the Government in so far as they concerned the excessive length of the proceedings and the lack of legal assistance during the applicant’s police custody.
On 11 April 2012 and 31 May 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 8,500 euros to cover any and all 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. This sum 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-PassosDragoljub Popović
Deputy RegistrarPresident
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