CEDH · CASELAW;DECISIONS;ADMISSIBILITY;ENG — 7 juin 2005

.s800EAC49 { font-size:12pt } .s523616E0 { margin-top:0pt; margin-bottom:12pt; text-align:center; font-size:14pt } .sBB9EE52A { font-family:Arial } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sB9D5CABB { width:28.35pt; display:inline-block } .sFEE8C148 { width:13.68pt; display:inline-block } .s61E420C2 { font-family:Arial; font-variant:small-caps } .sA36B60A1 { font-family:Arial; font-style:italic } .s61ED8A2B { width:14.36pt; display:inline-block } .s3CA6E042 { width:12.35pt; display:inline-block } .s967D43C6 { margin-top:36pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s9D48DD53 { margin-top:6pt; margin-left:21.25pt; margin-bottom:6pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .s88A92475 { margin-top:12pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sDD165512 { margin-top:12pt; margin-left:14.2pt; margin-bottom:0pt; text-align:justify } .s7CB9076 { margin-top:36pt; margin-bottom:0pt; page-break-inside:avoid; page-break-after:avoid } .s988562EE { width:30.55pt; display:inline-block } .sCD43AF66 { width:217.12pt; display:inline-block } .s7602FED2 { width:18.21pt; display:inline-block } .sC1AC44A4 { width:228.11pt; display:inline-block } FOURTH SECTION DECISION Application no. 67214/01 by Abidin DOĞAN against Turkey The European Court of Human Rights (Fourth Section), sitting on 10   October 2006 as a Chamber composed of:   Sir   Nicolas Bratza , President ,   Mr   J. Casadevall ,   Mr   G. Bonello ,   Mr   R. Türmen ,   Mr   K. Traja ,   Mr   L. Garlicki ,   Ms   L. Mijović, judges , and Mr T.L. Early , Section Registrar , Having regard to the above application lodged on 2 November 2000, Having regard to the partial decision of 7 June 2005, Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together, Having regard to the formal declarations accepting a friendly settlement of the case, Having deliberated, decides as follows: THE FACTS The applicant, Mr Abidin Doğan, is a Turkish national who was born in 1972 and lives in Elazığ. He was represented before the Court by Mrs   G.   Tuncer and Mr C. Güngördü, lawyers practising in Istanbul. The facts of the case, as submitted by the parties, may be summarised as follows. On 8 February 1995 the applicant was arrested and taken into police custody on suspicion of membership of the PKK. On 17 February he was released. On 15 June 1995 the public prosecutor at the Istanbul State Security Court filed a bill of indictment charging the applicant under Article 168 § 2 of the Criminal Code with membership of the PKK. On 24 September 1995 the applicant was arrested and taken into police custody. On 5 October 1995 he was remanded in custody. On 22 October 1998 the Istanbul State Security Court convicted the applicant as charged. This judgment was quashed by the Court of Cassation on 13 May 1999. Following the promulgation of Law no. 4390 of 22 June 1999 the military judge sitting on the bench of the Istanbul State Security Court was replaced by a civil judge. On 31 August 2000 the Istanbul State Security Court ordered the applicant’s release from detention pending trial. On 7 February 2002 the Istanbul State Security Court convicted the applicant as charged. This judgment was quashed by the Court of Cassation on 9 October 2002. On 9 March 2004 the Istanbul State Security Court convicted the applicant as charged and sentenced him to twelve years and six months’ imprisonment. This judgment was upheld by the Court of Cassation on 6   December 2004. COMPLAINTS The applicant complained under Article 5 § 3 of the Convention about the length of his remand in custody. The applicant complained under Article 6 §§ 1, 2 and 3 of the Convention that he had been denied a fair hearing within a reasonable time by an independent and impartial tribunal and that the first-instance court had based its judgment on the allegations of the security forces and disregarded his submissions. The applicant also complained that he had not been informed of the charges against him, that he did not have legal assistance during the investigation and that he had been deprived of his right to have adequate time and facilities for the preparation of his defence. THE LAW On 20 June 2006 the Court received the following declaration from the Government: “I declare that the Government of Turkey offer to pay ex gratia EUR 5,000 (five thousand euros) to Mr Abidin Doğan with a view to securing a friendly settlement of the application registered under no. 67214/01. This sum shall cover any pecuniary and non ‑ pecuniary damage as well as costs. This sum will be payable within three months from the date of the decision by the Court pursuant to Article   37 § 1 of the European Convention on Human Rights. It shall be paid in euros to a bank account named by the applicant, free of any taxes and charges that may be applicable. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay, until settlement, simple interest on the amount 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.” On 15 May 2006 the Court received the following declaration signed by the applicant’s representative: “I note that the Government of Turkey are prepared to pay ex gratia the sum of EUR 5,000 (five thousand euros) to Mr Abidin Doğan with a view to securing a friendly settlement of the application registered under no. 67214/01. This sum shall cover any pecuniary and non ‑ pecuniary damage as well as costs. I also note that the amount indicated will be paid, in euros and free of any taxes and charges that may be applicable, within three months from the date of the decision by the Court pursuant to Article   37 § 1 of the European Convention on Human Rights. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. I accept the proposal and waive any further claims against Turkey in respect of the facts of this application. I declare that this constitutes a final settlement of the case. This declaration is made in the context of a friendly settlement which the Government and the applicant have reached.” 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 which justify a continued examination of the application (Article 37 § 1 in fine of the Convention). Accordingly, Article 29 § 3 of the Convention should no longer apply to the case and it should be struck out of the list. For these reasons, the Court unanimously Decides to discontinue the application of Article 29 § 3 of the Convention; Decides to strike the application out of its list of cases.   T.L. Early   Nicolas Bratza   Registrar   President