Orzeczenia sądów
Opublikowano: www.echr.coe.int

Decyzja
Europejskiego Trybunału Praw Człowieka
z dnia 19 marca 2019 r.
38006/15

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2019:0319DEC003800615

SECOND SECTION

DECISION

Application no. 38006/15

Mehmet ALKAN

against Turkey

The European Court of Human Rights (Second Section), sitting on 19 March 2019 as a Committee composed of:

Julia Laffranque, President,

Stéphanie Mourou-Vikström,

Arnfinn Bårdsen, judges,

and Hasan Bakırcı, Deputy Section Registrar,

Having regard to the above application lodged on 15 July 2015,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

Uzasadnienie faktyczne

FACTS AND PROCEDURE

The applicant, Mr Mehmet Alkan, is a Turkish national, who was born in 1971 and lives in Batman. He was represented before the Court by Mr S. Bozkurt, a lawyer practising in Ankara.

The Turkish Government ("the Government") were represented by their Agent.

The applicant complained under Article 6 of the Convention about the length of the civil proceedings.

On 8 January 2019 and 4 July 2017 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 1,300 euros to cover any pecuniary and non-pecuniary damage as well as 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.

Uzasadnienie prawne

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.

Sentencja

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 11 April 2019.

Hasan Bakırcı

Julia Laffranque

Deputy Registrar

President