SECOND SECTION
DECISION
Application no. 11941/12
Metin ORHAN and Engin ANT
against Turkey
The European Court of Human Rights (Second Section), sitting on 3 June 2014 as a Committee composed of:
Nebojša Vučinić, President,
Paul Lemmens,
Egidijus Kūris, judges,
and Abel Campos, Deputy Section Registrar,
Having regard to the above application lodged on 11 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, Mr Metin Orhan and Mr Engin Ant, are Turkish nationals, who were born in 1990 and 1989 respectively and live in İstanbul. They were represented before the Court by Mr M.S. Kızılkaya, a lawyer practising in Istanbul.
The Turkish Government (“the Government”) were represented by their Agent.
The applicants complained under Article 5 § 3 of the Convention that the length of their pre-trial detention had been excessive and that their requests to challenge the lawfulness of their detention had been rejected on stereotypical grounds.
On 20 March 2013 and 21 February 2014 the Court received friendly settlement declarations signed by the parties under which the applicants 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 3,600 euros (EUR) and EUR 4,700 to Mr Metin Orhan and Mr Engin Ant respectively to cover any and all non-pecuniary damage and EUR 500 jointly, to the applicants, to cover any and all costs and expenses. These sums will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. They 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.
Abel CamposNebojša Vučinić
Deputy RegistrarPresident
Full & Egal Universal Law Academy