ÇAKAN proti Turecku

THIRD SECTION

DECISION

Application no. 67217/01
by Salih ÇAKAN
against Turkey

The European Court of Human Rights (Third Section), sitting on 7 December 2006 as a Chamber composed of:

Mr B.M. Zupančič, President,
Mr J. Hedigan,
Mr R. Türmen,
Mr C. Bîrsan,
Mr V. Zagrebelsky,
Mrs A. Gyulumyan,
Mr David Thór Björgvinsson, judges,
and Mr V. Berger, Section Registrar,

Having regard to the above application lodged on 10 November 2000,

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 M. Salih Çakan, is a Turkish national who was born in 1968 and lives in Istanbul. He was represented before the Court by Mrs G. Tuncer, a lawyer practising in Istanbul.

The facts of the case, as submitted by the parties, may be summarised as follows.

On 19 July 1994 the applicant was taken into police custody on suspicion of membership of the PKK. On 22 July 1994 the Istanbul State Security Court ordered his remand in custody.

On 19 December 1994 the public prosecutor at the Istanbul State Security Court filed a bill of indictment charging the applicant under Article 168 § 1 of the Criminal Code and Article 5 of Law no. 3713.

On 9 November 1998 the Istanbul State Security Court convicted the applicant as charged and sentenced him to twenty-four years and three months’ imprisonment and to a fine. This judgment was quashed by the Court of Cassation on 26 October 1999.

On 11 September 2000 the Istanbul State Security Court convicted the applicant under Article 168 § 2 of the Criminal Code and sentenced him to twelve years and six months’ imprisonment. The applicant was also permanently debarred from employment in the civil service. The court taking into account the period of the applicant’s remand in custody ordered his release. This judgment was upheld by the Court of Cassation on 5 July 2001.

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 the right to a fair hearing within a reasonable time by an independent and impartial tribunal. He submitted that his right to be presumed innocent was violated on account of the length of his remand in custody. He further maintained 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. In particular the written observations of the principal public prosecutor at the Court of Cassation on the merits of his appeal were not served on him, thus depriving him of the opportunity to put forward his counter-arguments.

THE LAW

On 26 October 2006 the Court received the following declaration from the Government:

“I declare that the Government of Turkey offer to pay ex gratia EUR 6,500 (six thousand and five hundred euros) to Mr Salih Çakan with a view to securing a friendly settlement of the application registered under no. 67217/01. 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 9 August 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 6,500 (six thousand and five hundred euros) to Mr Salih Çakan with a view to securing a friendly settlement of the application registered under no. 67217/01. 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 public policy reasons to 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 strike the application out of its list of cases.

Vincent Berger Boštjan M. Zupančič
Registrar President