SECOND SECTION
DECISION
Application no. 53743/11
Ali APAKİ and Handan APAKİ
against Turkey
The European Court of Human Rights (Second Section), sitting on 6 November 2018 as a Committee composed of:
Ledi Bianku, President,
Jon Fridrik Kjølbro,
Ivana Jelić, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above application lodged on 15 June 2011,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants, Mr Ali Apaki and Ms Handan Apaki, are Turkish nationals, who were born in 1969 and 1973 respectively, and live in Mersin. They were represented before the Court by Mr İ. Kavak, a lawyer practising in Mersin.
The Turkish Government (“the Government”) were represented by their Agent.
The applicants complained under Articles 6 and 13 of the Convention about the unfairness of the compensation proceedings that they had brought in the aftermath of their daughter’s death, and the unavailability of any effective remedies in that regard.
On 7 August 2018 the Court received the following declaration signed by the Government:
“The Government admit that the judicial proceedings concerning the death of the applicants’ daughter did not meet the standards enshrined in Article 2 of the Convention. The Government undertake to adopt all necessary measures to ensure that the obligation to conduct such proceedings effectively is respected in the future.
The Government of Turkey declare that they offer to pay jointly to the applicants Ali Apaki and Handan Apaki, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, EUR 15,000 (fifteen thousand euros) to cover any and all non-pecuniary damage, plus any tax that may be chargeable, and EUR 2,000 (two thousand euros) to cover any and all costs and expenses, plus any tax that may be chargeable to the applicants.
These sums will be converted into Turkish liras at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the decision taken by the Court to strike the case out of its list of cases. In the event of failure to pay these sums within the said three-month period, the Government undertake 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.”
On 25 July 2017 the Court received the following declaration signed by the applicants:
“I, İbrahim Kavak, note that the Government of Turkey are prepared to pay jointly to the applicants Ali Apaki and Handan Apaki, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, EUR 15,000 (fifteen thousand euros) to cover any and all non-pecuniary damage, plus any tax that may be chargeable, and EUR 2,000 (two thousand euros) to cover any and all costs and expenses, plus any tax that may be chargeable to the applicants.
These sums will be converted into Turkish liras at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the decision taken by the Court to strike the case out of its list of cases. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
Having consulted the applicants, I would inform you that they accept the proposal and waive any further claims against Turkey in respect of the facts giving rise to this application. They declare that this constitutes a 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.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 29 November 2018.
Hasan BakırcıLedi Bianku
Deputy RegistrarPresident
Full & Egal Universal Law Academy