SECOND SECTION

DECISION

Application no . 47946/11 Hüseyin YORGUN against Turkey

The European Court of Human Rights (Second Section) , sitting on 28 May 2013 as a Chamber composed of:

Guido Raimondi , President, Danutė Jočienė , Peer Lorenzen , Dragoljub Popović , Işıl Karakaş , Nebojša Vučinić , Paulo Pinto de Albuquerque , judges, and Stanley Naismith , Section Registrar ,

Having regard to the above application lodged on 4 April 2011 ,

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

Having deliberated , decides as follows:

FACTS AND PROCEDURE

The applicant , Mr Hüseyin Yorgun , is a Turkish national , who was born in 1954 and lives in Mersin. He was represented before the Court by Mr Ö. Özbek , a lawyer practising in Mersin.

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

On 7 February 2007 , the applicant was taken into custody by the police on suspicion of aiding and abetting the militants of the PKK , an illegal organisation. In particular , the applicant was charged with signing a petition in support of Abdullah Öcalan .

On 4 June 2009 , Adana Assize Court found the applicant guilty of the offence of making terrorist propaganda on behalf of an illegal organisation under Article 7 § 2 of the Prevention of Terrorism Act , and sentenced him to ten months ’ imprisonment. On 11 October 2010 the Court of Cassation upheld the first-instance court ’ s judgment.

On 22 March 2012 , the Court decided to communicate the applicant ’ s complaint concerning freedom of expression to the Government under Article 10 of the Convention.

On 13 August 2012 and 21 February 2013 , 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 EUR 9 , 000 (nine thousand 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 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 in accordance with Article 39 of the Convention.

Stanley Naismith Guido Raimondi Registrar President