SECOND SECTION
DECISION
Application no. 75002/10
Mehmet Ali VAROL
against Turkey
The European Court of Human Rights (Second Section), sitting on 10 April 2018 as a Committee composed of:
Paul Lemmens, President,
Valeriu Griţco,
Stéphanie Mourou-Vikström, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above application lodged on 11 November 2010,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Mehmet Ali Varol, is a Turkish national, who was born in 1968 and lives in Çanakkale.
2. The Turkish Government (“the Government”) were represented by their Agent.
3. Relying on Article 3 of the Convention, the applicant complained about the domestic court’s decision to discontinue the criminal proceedings brought against a third person who had caused bodily harm to him.
4. On 2 March 2017 and 19 January 2018, the Court received friendly settlement declarations signed respectively by the applicant and the Government.
5. The declaration signed by the Government reads as it follows:
“The Government admit that the criminal proceedings concerning the applicant’s allegations of ill‑treatment in the hands of another individual did not meet the standards enshrined in Article 3 of the Convention. The Government undertake to adopt all necessary measures to ensure that the obligation to conduct such proceedings in an effective manner is enforced more effectively in the future.
The Government of Turkey declare that they offer to pay to the applicant Mehmet Ali Varol, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, EUR 5,000 (five thousand euros) to cover any and all non-pecuniary damage, plus any tax that may be chargeable and EUR 474 (four hundred and seventy four euros) to cover any and all costs and expenses, plus any tax that may be chargeable to the applicant.
These sums will be converted into Turkish liras at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the decision taken by the Court to strike the case out of its list of cases. In the event of failure to pay these sums within the said three-month period, the Government undertake to pay simple interest on them, from 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 17 May 2018.
Hasan BakırcıPaul Lemmens
Deputy RegistrarPresident
Full & Egal Universal Law Academy