THIRD SECTION
DECISION
Application no. 19596/02
by Mehmet ŞAHİN and Others
against Turkey
The European Court of Human Rights (Third Section), sitting on 12 December 2006 as a Chamber composed of:
MrB.M. Zupančič, President,
MrJ. Hedigan,
MrR. Türmen,
MrC. Bîrsan,
MrV. Zagrebelsky,
MrsA. Gyulumyan,
MrE. Myjer, judges,
and Mr V. Berger, Section Registrar,
Having regard to the above application lodged on 18 April 2002,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicants, Mr Mehmet Şahin, Mr Kadri Parça and Mr Mehmet Şah Bakır, are Turkish nationals. The first two applicants were born in 1979 and live in Batman. The third applicant was born in 1965 and lives in Urfa. They are represented before the Court by Mr M. Özbekli, a lawyer practising in Diyarbakır.
The facts of the case, as submitted by the parties, may be summarised as follows.
On 31 March 1994 the third applicant and on 2 April 1994 the first and second applicants were taken into custody by the police officers from Batman Police Station, on suspicion of being a member of Hizbullah organisation.
On 22 April 1994 the judge at Batman Criminal Court ordered the applicants’ arrest. On 7 June 1994 the Public Prosecutor at the Diyarbakır State Security Court filed an indictment against the applicants and six others, charging them under Articles 125, 40 and 36 of the Criminal Code, on account of being a member of the Hizbullah organisation.
On 4 August 1994 the applicants appear before the court for the first time.
On 15 November 2001 the Diyarbakır State Security Court convicted the applicants as charged. It sentenced the first two applicants to twelve years and six months imprisonment. Nevertheless considering the length of their detention on remand, the court released the applicants. Moreover, it sentenced the third applicant to life imprisonment. It also maintained that the period which he spent in detention had to be deducted from his sentence.
On 2 July 2002 the Court of Cassation quashed the decision holding that the State Security Court reached the verdict without carrying out an adequate investigation into the alleged incidents. The case was resumed before the Diyarbakır Assize Court.
On 2 November 2004 the court released the third applicant pending trial.
The case is still pending before the Diyarbakır Assize Court.
COMPLAINTS
The applicants complain that the length of their detention pending trial was in breach of Article 5 § 3 of the Convention. They allege that the Diyarbakır State Security Court did not rely on relevant and sufficient grounds in ordering their detention on remand.
The applicants also complain that the criminal proceedings brought against them were not concluded within a “reasonable time” as required by Article 6 § 1 of the Convention. In this respect, they submit that the criminal proceedings, which began on 7 June 1994, are still pending.
Moreover the applicants contend under Article 13 of the Convention in conjunction with Article 6 that they did not have any effective remedy in domestic law to complain of the excessive length of the proceedings.
The first and second applicants also complain under Article 2 of Protocol No. 1 that the authorities interfered with their right to education as a result of their lengthy detention.
THE LAW
On 20 November 2006 the Court received the following declaration from the Government:
“I declare that the Government of Turkey offer to pay ex gratia to the applicants an all-inclusive amount of EUR 16,400 (sixteen thousand four hundred euros) with a view to securing a friendly settlement of the above-mentioned application pending before the European Court of Human Rights. This sum shall cover any pecuniary and non-pecuniary damages as well as costs and will be divided up as follows:
Mehmet ŞahinEUR 5,200 (five thousand two hundred euros)
Kadri ParçaEUR 5,200 (five thousand two hundred euros)
Mehmet Şah BakırEUR 6,000 (six thousand euros)
This sum shall be free of any tax that may be applicable and be paid in euros, to be converted into Turkish liras at the rate applicable at the date of payment, to a bank account named by the applicants and/or their duly authorised representative. It shall be payable within three months from the date of notification of the decision delivered by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. This payment will constitute the final settlement of the case. In the event of failure to pay this sum within the said three month period, the Government undertake to pay, until settlement, simple interest on the amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.”
On 16 August 2006 the Court received the following declaration signed by the applicants’ representative:
“I note that the Government of Turkey are prepared to pay ex gratia to the applicants an all-inclusive amount of EUR 16,400 (sixteen thousand four hundred euros) with a view to securing a friendly settlement of the above-mentioned application pending before the European Court of Human Rights. This sum shall cover any pecuniary and non-pecuniary damages as well as costs and will be divided up as follows:
Mehmet ŞahinEUR 5,200 (five thousand two hundred euros)
Kadri ParçaEUR 5,200 (five thousand two hundred euros)
Mehmet Şah BakırEUR 6,000 (six thousand euros)
This sum shall be paid in euros, to be converted into Turkish liras at the rate applicable at the date of payment, to a bank account named by me. It shall be payable within three months from the date of notification of the decision delivered by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three month period, the Government undertake to pay, until settlement, simple interest on the amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
I accept the proposal and waive any further claims against Turkey in respect of the facts of this application. I declare that this constitutes a final settlement of the case.”
This declaration is made in the context of a friendly settlement which the Government and the applicants have reached.
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 (Article 37 § 1 in fine of the Convention). Accordingly, Article 29 § 3 of the Convention should no longer apply to the case and it should be struck out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Vincent BergerBoštjan M. Zupančič
RegistrarPresident
Full & Egal Universal Law Academy