SECOND SECTION
DECISION
Application no. 48518/11
Tuncer SAĞINÇ
against Turkey
The European Court of Human Rights (Second Section), sitting on 4 November 2014 as a Committee composed of:
Helen Keller, President,
Egidijus Kūris,
Jon Fridrik Kjølbro, judges,
and Abel Campos, Deputy Section Registrar,
Having regard to the above application lodged on 20 April 2011,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Tuncer Sağınç, is a Turkish national, who was born in 1981 and lives in Van. He was represented before the Court by Mr F. Aydınkaya, a lawyer practising in Istanbul. The Turkish Government (“the Government”) were represented by their Agent.
The applicant complained under Articles 5 § 3 and 6 § 1 of the Convention about the length of his pre-trial detention and the length of the criminal proceedings against him.
On 30 August 2013, the complaint concerning the excessive length of pre-trial detention was communicated to the Government and the remaining complaint concerning the length of the criminal proceedings against the applicant was found inadmissible for non-exhaustion of domestic remedies in the light of the Court’s recent decision in the case of Müdür Turgut v. Turkey (dec.), no. 4860/09, 26 March 2013).
On 25 September 2013 and 3 July 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 3,000 euros (EUR) (three thousand euros) to cover any and all non‑pecuniary damage and EUR 500 (five hundred euros) to cover any and all costs and expenses. These sums will be converted into Turkish liras 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 CamposHelen Keller
Deputy RegistrarPresident
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