SECOND SECTION
DECISION
Application no. 35928/15
Mehmet İRTEM
against Turkey
(see appended table)
The European Court of Human Rights (Second Section), sitting on 15 November 2018 as a Committee composed of:
Valeriu Griţco, President,
Jon Fridrik Kjølbro,
Stéphanie Mourou-Vikström, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 23 June 2015,
Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases, and the applicant’s reply to this declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Mehmet İrtem, is a Turkish national, who was born in 1946 and lives in Batman. He was represented before the Court by Mr S. Bozkurt, a lawyer practising in Ankara.
The applicant’s complaint under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings was communicated to the Turkish Government (“the Government”).
After unsuccessful friendly-settlement negotiations, the Government submitted a declaration with a view to resolving the issue raised by this complaint. They further requested the Court to strike out the application.
The Government acknowledged the excessive length of civil proceedings. They offered to pay the applicant the amount detailed in the appended table and invited the Court to strike the application out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amount would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned 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 applicant informed the Court that he agreed to the terms of the declaration.
THE LAW
The Court finds that, following the applicant’s express agreement to the terms of the declaration made by the Government, the case should be treated as a friendly settlement between the parties.
It therefore 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 the Protocols thereto and finds no reasons to justify the 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 December 2018.
Liv TigerstedtValeriu Griţco
Acting Deputy RegistrarPresident
APPENDIX
Application raising complaints under Article 6 § 1 of the Convention
(excessive length of civil proceedings)
Application no.
Date of introduction
Applicant name
Date of birth
Representative name and location
Date of receipt of Government’s declaration
Date of receipt of applicant’s acceptance
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in euros)[1]
35928/15
23/06/2015
Mehmet İrtem
01/01/1946
Saim Bozkurt
Ankara
20/06/2018
27/08/2018
1,100
[1]. Plus any tax that may be chargeable to the applicants.
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