SECOND SECTION
DECISION
Application no. 32004/06
Mehmet BEYAZTAŞ
against Turkey
The European Court of Human Rights (Second Section), sitting on 10 December 2013 as a Committee composed of:
Peer Lorenzen, President,
András Sajó,
Nebojša Vučinić, judges,
and Stanley Naismith, Section Registrar,
Having regard to the above application lodged on 28 July 2006,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Mehmet Beyaztaş, is a Turkish national, who was born in 1957 and lives in Adana. He was represented before the Court by Mr K. Beyaztaş and Mr M. Beyaztaş, lawyers practising in Ankara.
The Turkish Government (“the Government”) were represented by their Agent.
On 21 August 1981 the applicant was brought before the Adana Military Court, which ordered his detention on suspicion of membership of an illegal organisation, Devrimci Yol.
On 9 September 2009 the Ankara Assize Court with special jurisdiction, which replaced the Adana Military Court, held that the criminal proceedings should be discontinued on the ground that the prosecution had become time-barred (zamanaşımı).
The case is still pending before the Court of Cassation.
On 31 May 2011 the Court decided to communicate the applicant’s complaint concerning the length of the criminal proceedings against him to the Government under Article 6 § 1 of the Convention.
On 21 November 2011 and 27 March 2013, 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 15,500 (fifteen thousand five hundred euros) to cover any pecuniary and non-pecuniary damage as well as EUR 500 (five hundred euros) to cover any and all 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. 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 in accordance with Article 39 of the Convention.
Stanley NaismithPeer Lorenzen
RegistrarPresident
Full & Egal Universal Law Academy