SECOND SECTION
DECISION
Application no. 10641/12
Inmane LEMGHARI and Fatima Zohra HAJJAJ
against Turkey
The European Court of Human Rights (Second Section), sitting on 13 September 2016 as a Committee composed of:
Nebojša Vučinić, President,
Valeriu Griţco,
Stéphanie Mourou-Vikström, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above application lodged on 2 January 2012,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants, Ms Inmane Lemghari and Ms Fatima Zohra Hajjaj, are Moroccan nationals, who were born in 1987 and 1986 respectively and live in Morocco. They were represented before the Court by Mr C. Yücel, a lawyer practising in Istanbul.
The Turkish Government (“the Government”) were represented by their Agent.
The applicants complained under Articles 3 and 5 §§ 1 and 4 of the Convention about the alleged poor conditions of detention at the Kumkapı Foreigners’ Removal Centre, the alleged unlawfulness of their detention and the alleged absence of effective remedies to challenge the lawfulness of their detention.
On 26 April 2016 the Court received the following declarations signed by the Government:
“I declare that the Government of Turkey offer to pay ex gratia to Ms Inmane Lemghari, with a view to securing a friendly settlement of the above‑mentioned case pending before the European Court of Human Rights, EUR 11,000 (eleven thousand euros) to cover any and all pecuniary and non‑pecuniary damage, plus any tax that may be chargeable to the applicant.
The Government acknowledge that the detention of the applicant, the conditions of detention at the Kumkapı Foreigners’ Removal Centre where the applicant was held, the absence of communication of information to the applicant on the reasons for her detention, the absence of effective remedies to challenge the lawfulness of her detention and to request compensation amounted to a breach of the applicant’s rights protected by the Convention (see Abdolkhani and Karimnia v. Turkey, no. 30471/08, 22 September 2009, and Yarashonen v. Turkey, no. 72710/11, 24 June 2014).
This sum will be converted into the local currency at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the decision taken by the Court to strike the case out of its list of cases. In the event of failure to pay this sum within the said three-month period, the Government undertake 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.”
“I declare that the Government of Turkey offer to pay ex gratia to Ms Fatima Zohra Hajjaj, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, EUR 11,000 (eleven thousand euros) to cover any and all pecuniary and non-pecuniary damage, plus any tax that may be chargeable to the applicant.
The Government acknowledge that the detention of the applicant, the conditions of detention at the Kumkapı Foreigners’ Removal Centre where the applicant was held, the absence of communication of information to the applicant on the reasons for her detention, the absence of effective remedies to challenge the lawfulness of her detention and to request compensation amounted to a breach of the applicant’s rights protected by the Convention (see Abdolkhani and Karimnia v. Turkey, no. 30471/08, 22 September 2009, and Yarashonen v. Turkey, no. 72710/11, 24 June 2014).
This sum will be converted into the local currency at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the decision taken by the Court to strike the case out of its list of cases. In the event of failure to pay this sum within the said three-month period, the Government undertake 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.”
On 21 June 2016 the Court received the following declarations signed by the applicants’ representative:
“I, Cemal Yücel, note that the Government of Turkey are prepared to pay ex gratia to Ms Inmane Lemghari, with a view to securing a friendly settlement of the above‑mentioned case pending before the European Court of Human Rights, EUR 11,000 (eleven thousand euros) to cover any and all pecuniary and non‑pecuniary damage, plus any tax that may be chargeable to the applicant.
The Government acknowledge that the detention of the applicant, the conditions of detention at the Kumkapı Foreigners’ Removal Centre where the applicant was held, the absence of communication of information to the applicant on the reasons for her detention, the absence of effective remedies to challenge the lawfulness of her detention and to request compensation amounted to a breach of the applicant’s rights protected by the Convention (see Abdolkhani and Karimnia v. Turkey, no. 30471/08, 22 September 2009, and Yarashonen v. Turkey, no. 72710/11, 24 June 2014).
This sum will be converted into the local currency at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the decision taken by the Court to strike the case out of its list of cases. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
Having consulted the applicant, I would inform you that she accepts the proposal and waives any further claims against Turkey in respect of the facts giving rise to this application. She declares that this constitutes a final resolution of the case.”
“I, Cemal Yücel, note that the Government of Turkey are prepared to pay ex gratia to Ms Fatima Zohra Hajjaj, with a view to securing a friendly settlement of the above‑mentioned case pending before the European Court of Human Rights, EUR 11,000 (eleven thousand euros) to cover any and all pecuniary and non‑pecuniary damage, plus any tax that may be chargeable to the applicant.
The Government acknowledge that the detention of the applicant, the conditions of detention at the Kumkapı Foreigners’ Removal Centre where the applicant was held, the absence of communication of information to the applicant on the reasons for her detention, the absence of effective remedies to challenge the lawfulness of her detention and to request compensation amounted to a breach of the applicant’s rights protected by the Convention (see Abdolkhani and Karimnia v. Turkey, no. 30471/08, 22 September 2009, and Yarashonen v. Turkey, no. 72710/11, 24 June 2014).
This sum will be converted into the local currency at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the decision taken by the Court to strike the case out of its list of cases. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
Having consulted the applicant, I would inform you that she accepts the proposal and waives any further claims against Turkey in respect of the facts giving rise to this application. She declares that this constitutes a 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.
Done in English and notified in writing on 6 October 2016.
Hasan BakırcıNebojša Vučinić
Deputy RegistrarPresident
Full & Egal Universal Law Academy