SECOND SECTION
DECISION
Application no. 37799/11
Süleyman SULAR and others
against Turkey
The European Court of Human Rights (Second Section), sitting on 2 October 2012 as a Committee composed of:
Dragoljub Popović, President,
András Sajó,
Paulo Pinto de Albuquerque, judges,
and Françoise Elens-Passos, Deputy Section Registrar,
Having regard to the above application lodged on 7 January 2011,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants, Mr Süleyman Sular (“the first applicant”), Erkan Alçu (“the second applicant”) and Davut Altınışık (“the third applicant”) are Turkish nationals who were born in 1977, 1981 and 1975 respectively. They were represented before the Court by Mr H. Çalışçı, a lawyer practising in İstanbul.
The Turkish Government (“the Government”) were represented by their Agent.
The applicants complained under Article 5 §§ 3, 4 and 5 of the Convention about their detention on remand.
On 4 April 2012 and 25 June 2012 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 to the first applicant EUR 6,600 (six thousand and six hundred euros), to the second applicant EUR 5,600 ( five thousand and six hundred euros) and to the third applicant EUR 5,600 (five thousand and six hundred euros) to cover any non-pecuniary damage as well as 500 (five hundred euros) jointly 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 these sums within the said three-month period, the Government undertook to pay simple interest on the above amounts, 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.
Françoise Elens-PassosDragoljub Popović
Deputy RegistrarPresident
Full & Egal Universal Law Academy