CEDH · CASELAW;DECISIONS;ADMISSIBILITYCOM;ENG — 15 juin 2017

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .s2EF17D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:2pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .sB9D5CABB { width:28.35pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .sD3B63DAD { margin-top:36pt; margin-bottom:12pt; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .sF7A86111 { margin-top:6pt; margin-left:21.25pt; margin-bottom:6pt; text-indent:7.1pt; font-size:10pt } .s4B243ECC { margin-top:12pt; margin-bottom:0pt; text-indent:14.2pt; page-break-inside:avoid; page-break-after:avoid } .s5F897A7E { margin-top:12pt; margin-left:14.2pt; margin-bottom:0pt } .s7E985A65 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; font-size:1pt } .sF7A4323 { margin-top:36pt; margin-bottom:0pt; text-align:left } .s7AF9E746 { width:20.69pt; display:inline-block } .s6E8303AC { width:184.61pt; display:inline-block } .s5B081A9D { width:168.28pt; display:inline-block } .s32563E28 { margin-top:0pt; margin-bottom:0pt }     SECOND SECTION DECISION Application no. 53374/11 Rıza BOZKURT against Turkey The European Court of Human Rights (Second Section), sitting on 15   June 2017 as a Committee composed of:   Nebojša Vučinić, President,   Valeriu Griţco,   Jon Fridrik Kjølbro, judges, and Liv Tigerstedt, Acting Deputy Section Registrar, Having regard to the above application lodged on 10 June 2011, Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases, Having deliberated, decides as follows: FACTS AND PROCEDURE The applicant, Mr Rıza Bozkurt, is a Turkish national, who was born in   1974 and lives in Istanbul. He was represented before the Court by Ms   F.   Yolcu, a lawyer practising in Istanbul. The applicant’s complaint under Article   5   §   3 of the Convention concerning the excessive length of pre-trial detention was communicated to the Turkish Government (“the Government”). THE LAW After unsuccessful friendly-settlement negotiations, the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issue raised by this complaint. They further requested the Court to strike out the application in accordance with Article   37 of the Convention. The Government acknowledged the excessive length of pre-trial detention. They offered to pay the applicant 1,275 euros to cover any and all non-pecuniary damage as well as cost and expenses including lawyer fees, and invited the Court to strike the application out of the list of cases in accordance with Article   37 §   1   (c) of the Convention. The amount would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned 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 applicant was sent the terms of the Government’s unilateral declaration several weeks before the date of this decision. The Court has not received a response from the applicant accepting the terms of the declaration. The Court observes that Article   37 §   1   (c) enables it to strike a case out of its list if: “... for any other reason established by the Court, it is no longer justified to continue the examination of the application”. Thus, it may strike out an application under Article   37 §   1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicant wishes the examination of the case to be continued (see the principles emerging from the Court’s case-law, and in particular the Tahsin Acar v.   Turkey judgment (preliminary objections) ([GC], no.   26307/95, §§   75 ‑ 77, ECHR 2003-VI). The Court has established clear and extensive case-law concerning complaints relating to the excessive length of pre-trial detention (see, for example, Cahit Demirel v. Turkey, no. 18623/03, 7 July 2009). Noting the admissions contained in the Government’s declaration as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the application (Article   37 §   1   (c)). In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the application (Article   37 §   1 in fine ). Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declaration, the application may be restored to the list in accordance with Article   37 §   2 of the Convention ( Josipović v.   Serbia (dec.), no.   18369/07, 4   March 2008). In view of the above, it is appropriate to strike the case out of the list. For these reasons, the Court, unanimously, Takes note of the terms of the respondent Government’s declaration and of the arrangements for ensuring compliance with the undertakings referred to therein; Decides to strike the application out of its list of cases in accordance with Article   37 §   1   (c) of the Convention.   Done in English and notified in writing on 6 July 2017.   Liv Tigerstedt   Nebojša Vučinić Acting Deputy Registrar   President