SECOND SECTION
DECISION
Application no. 77462/12
Kubilay ÖRNEK
against Turkey
The European Court of Human Rights (Second Section), sitting on 15 September 2015 as a Committee composed of:
Ksenija Turković, President,
Robert Spano,
Jon Fridrik Kjølbro, judges,
and Abel Campos, Deputy Section Registrar,
Having regard to the above application lodged on 17 September 2012,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Kubilay Örnek, is a Turkish national, who was born in 1985 and lives in Şırnak He was represented before the Court by Mr Y. Torun, a lawyer practising in Ankara. The Turkish Government (“the Government”) were represented by their Agent.
The applicant complained under Article 5 § 1 (a) of the Convention about the disciplinary room confinement sanction which had been imposed on him by his military superiors.
On and 21 June 2013 and 10 March 2014 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 3,500 euros (EUR) (three thousand five hundred euros) to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into the national 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. 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.
Done in English and notified in writing on 8 October 2015.
Abel CamposKsenija Turković
Deputy RegistrarPresident
Full & Egal Universal Law Academy