SECOND SECTION
DECISION
Application no. 40365/09
Ahmet EKİNCİ
against Turkey
The European Court of Human Rights (Second Section), sitting on 28 February 2017 as a Committee composed of:
Paul Lemmens, President,
Ksenija Turković,
Jon Fridrik Kjølbro, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above application lodged on 20 July 2009,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Ahmet Ekinci, is a Turkish national, who was born in 1966 and was detained in Tekirdağ prison at the time of the application. He was represented before the Court by Ms A. Becerik, a lawyer practising in Istanbul.
2. The Turkish Government (“the Government”) were represented by their Agent.
3. The applicant complained under Articles 5 §§ 3 to 5, 6 § 1 and 13 of the Convention about length of his pre-trial detention, lack of an effective remedy provided by the domestic legal system whereby he could effectively challenge his continued pre-trial detention, absence of a compensatory remedy in the domestic system for his allegations under Article 5, the length of criminal proceedings against him and absence of a domestic remedy for lengthy judicial proceedings.
4. On 9 January 2017 and 25 November 2016 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 5,250 euros (EUR) to cover any pecuniary and non‑pecuniary damage as well as EUR 500 in respect of costs and expenses, which will be converted into Turkish liras at the rate applicable on the date of payment, and 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 the 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
5. 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 23 March 2017.
Hasan BakırcıPaul Lemmens
Deputy RegistrarPresident
Full & Egal Universal Law Academy