Resolution ResDH(2006)22
concerning the judgment of the European Court of Human Rights
of 22 December 2004 (Friendly settlement)
in the case of Kaptan against Turkey
(Adopted by the Committee of Ministers on 12 April 2006,
at the 960th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),
Having regard to the final judgment of the European Court of Human Rights in the Kaptan case delivered on 22 December 2004 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;
Recalling that the case originated in an application (No. 46749/99) against Turkey, lodged with the European Court of Human Rights on 1 December 1998 under Article 34 of the Convention by Mr Reşit Kaptan, a Turkish national, and that the Court declared admissible the complaints regarding the excessive length of his detention on remand and of the criminal proceedings brought against him;
Whereas in its judgment of 22 December 2004 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having found no reason of public policy justifying the continuation of the proceedings, decided, unanimously to strike the case out of its list and took note of the parties’ undertaking not to request a re-hearing of the case before the Grand Chamber;
Whereas under the above-mentioned friendly settlement it was agreed that the Government of Turkey would pay the applicant, an all-inclusive sum of 18 000 euros, including the costs and expenses incurred, within three months as from the notification of the judgment and that simple interest at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points shall be payable from the expiry of the above-mentioned three months until settlement;
Recalling that Rule 43, paragraph 3, of the Rules of the Court (former Article 44, paragraph 2) provides that the striking out of a case which has been declared admissible shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance, friendly settlement or solution of the matter;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that on 23 March 2005, after the expiry of the time-limit agreed to under the terms of the friendly settlement, the Government of the respondent state had paid the applicant the sum provided for in the friendly settlement and that the applicant waived his right to default interest in view of the minimal sum involved, and that no other measure was required in the present case to conform to the Court’s judgment,
Declares, after having examined the information supplied by the Government of Turkey, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.
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