SECOND SECTION
DECISION
Application no. 47322/10
Engin ŞALVAN
against Turkey
The European Court of Human Rights (Second Section), sitting on 18 December 2018 as a Committee composed of:
Julia Laffranque, President,
Valeriu Griţco,
Stéphanie Mourou-Vikström, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above application lodged on 17 May 2010,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Engin Şalvan, is a Turkish national, who was born in 1984 and lives in Istanbul. He was represented before the Court by Mr O. Yıldız, a lawyer practising in Istanbul.
The Turkish Government (“the Government”) were represented by their Agent.
The applicant complained under Article 5 §§ 4 and 5 of the Convention about the lack of an effective remedy to challenge the lawfulness of his detention and the lack of compensation under domestic law in this respect.
On 23 October 2018 and 9 August 2018 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 200 euros (EUR) to cover any pecuniary and non-pecuniary damage and 200 EUR to cover any and all costs and expenses which 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. 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 24 January 2019.
Hasan BakırcıJulia Laffranque
Deputy RegistrarPresident
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