Maksut KARADAC v Turkey - 28719/07 [2012] ECHR 153 (10 January 2012)

[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] European Court of Human Rights You are here: BAILII >> Databases >> European Court of Human Rights >> Maksut KARADAC v Turkey - 28719/07 [2012] ECHR 153 (10 January 2012) URL: https://www.bailii.org/eu/cases/ECHR/2012/153.html Cite as: [2012] ECHR 153 [ New search ] [ Contents list ] [ Printable RTF version ] [ Help ] SECOND SECTION DECISION Application no. 28719/07 by Maksut KARADAĞ against Turkey The European Court of Human Rights (Second Section), sitting on 10 January 2012 as a Committee composed of: Dragoljub Popović, President, András Sajó, Paulo Pinto de Albuquerque, judges, and Françoise Elens-Passos , Deputy Section Registrar , Having regard to the above application lodged on 15 June 2007, Having regard to the formal declarations accepting a friendly settlement of the case, Having deliberated, decides as follows: PROCEDURE The applicant, Mr Maksut Karadağ, is a Turkish national who was born in 1944 and lives in Adana. He was represented before the Court by Ms A. Kuru, a lawyer practising in İzmir. The Turkish Government (“the Government”) were represented by their Agent. The applicant complained under Article 6 of the Convention about the lack of legal assistance and the excessive length of the criminal proceedings. The criminal proceedings against the applicant began on 9 July 2002 and ended on 25 December 2006. On 27 June 2011 and 4 August 2011 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 4,000 (four thousand) euros to cover any pecuniary and non pecuniary damage as well as costs and expenses, which would 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 pursuant to Article 37 § 1 of the European Convention on Human Rights. 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 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 (Article 37 § 1 in fine of the Convention). 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. Françoise Elens-Passos Dragoljub Popović Deputy Registrar President BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/ECHR/2012/153.html