SECOND SECTION
DECISION
Application no. 34232/08
Mazlum ENÜK
against Turkey
The European Court of Human Rights (Second Section), sitting on 19 February 2013 as a Committee composed of:
Peer Lorenzen, President,
András Sajó,
Nebojša Vučinić, judges,
and Françoise Elens-Passos, Deputy Section Registrar,
Having regard to the above application lodged on 9 July 2008,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Mazlum Enük, is a Turkish national, who was born in 1993 and lives in Adana He was represented before the Court by Mr K. Derin, a lawyer practising in Adana.
The Turkish Government (“the Government”) were represented by their Agent.
The applicant complained under Articles 5 § 3, 5 § 4, 5 § 5 and 6 § 1 of the Convention about the length of his pre-trial detention and criminal proceedings as well as the effectiveness of judicial review of the lawfulness of his detention and his right to compensation for detention in contravention of Article 5. His complaints under Articles 5 §§ 3 and 5 and 6 § 1 were communicated to the Government.
On 1 October 2012 and 28 November 2012 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 3,500 (three thousand and five hundred euros) to cover any non-pecuniary damage as well as 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 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
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.
Françoise Elens-PassosPeer Lorenzen
Deputy RegistrarPresident
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