SECOND SECTION
DECISION
Application no. 36981/12
Nimet ENÜCÜK
against Turkey
The European Court of Human Rights (Second Section), sitting on 16 March 2017 as a Committee composed of:
Nebojša Vučinić, President,
Valeriu Griţco,
Stéphanie Mourou-Vikström, judges,
and Karen Reid, Section Registrar,
Having regard to the above application lodged on 16 April 2012,
Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases, and the applicant’s reply to this declarations,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Nimet Enücük, is a Turkish national, who was born in 1984 and lives in Istanbul.
The applicant’s complaint under Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention was communicated to the Turkish Government (“the Government”).
After unsuccessful friendly-settlement negotiations, the Government submitted a declaration with a view to resolving the issue raised by this complaint. They further requested the Court to strike out the application.
The Government acknowledged the excessive length of pre-trial detention. They offered to pay the applicant 3,400 euros to cover any and all non-pecuniary damage and invited the Court to strike the application out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amount would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned 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 applicant informed the Court that he agreed to the terms of the declaration.
THE LAW
The Court finds that, following the applicant’s express agreement to the terms of the declaration made by the Government, the case should be treated as a friendly settlement between the parties.
It therefore 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 the Protocols thereto and finds no reasons to justify the 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 6 April 2017.
Karen ReidNebojša Vučinić
RegistrarPresident
Full & Egal Universal Law Academy