SECOND SECTION

DECISION

Application no. 8100/03 by Hüseyin ASLAN against Turkey

The European Court of Human Rights (Second Section), sitting on 18 March 2008 as a Chamber composed of:

Françoise Tulkens , President, Ireneu Cabral Barreto , Rıza Türmen , Vladimiro Zagrebelsky , Danutė Jočienė , András Sajó , Nona Tsotsoria , judges, and Françoise Elens-Passos, Deputy Section Registrar ,

Having regard to the above application lodged on 9 December 2002,

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 f riendly settlement of the case,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Hüseyin Aslan, is a Turkis h national who was born in 1964 and lives in Antalya . He was represented before the Court by Mr M. Bektaş, a lawyer practising in Ankara . The Turkish Government (“the Government”) were represented by their Agent .

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

On 12 October 1980 the applicant was arrested.

On 7 November 1980 the Ankara Martial Law Court ordered his detention on remand.

Subsequently, the public prosecutor att ached to the Ankara Martial Law Court charged the applicant with membership of an illegal organisation, Dev-Yol (Devrimci Yol - the Revolutionary Way ).

On 18 May 1987 the applicant was released pending trial.

On 19 July 1989 the Ankara Martial Law Court convicted the applicant under Article 146 § 3 of the Criminal Code and sentenced him to ten years ’ imprisonment.

The applicant appealed.

On 27 December 1995 the Court of Cassation quashed the judgment of the first-instance court, holding that the applicant should have been convicted under Article 146 § 1 of the Criminal Code.

Subsequent to the promulgation of Law no. 3953 on 27 December 1993, which abolished the jurisdiction of the Martial Law Courts, the Ankara Assize Court acquired jurisdiction in the applicant ’ s case.

On 16 July 2002 the Ankara Assize Court convicted the applicant under Article 146 § 1 of the Criminal Code and sentenced him to sixteen years and eight months ’ imprisonment.

On 28 May 2004 the Court of Cassation quashed the judgment of 16 July 2002 and remitted the case to the Ankara Assize Court .

On 3 October 2006 the Ankara Assize Court once again convicted the applicant under Article 146 § 2 of the Criminal Code and sentenced him to sixteen years and eight months ’ imprisonment.

According to the information in the case file, t he proceedings are still pending before the Court of Cassation.

COMPLAINT

The applicant complained that the length of the proceedings brought against him were incompatible with the “reasonable time” requirement, provided in Article 6 § 1 of the Convention.

THE LAW

The Court received the following declaration from the Government ’ s Agent :

“ I declare that the Government of Turkey offer to pay ex gratia 12,000 (twelve thousand) euros to Mr Hüseyin Aslan with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.

This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into new Turkish liras at the rate applicable on the date of payment and 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 undertake 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 Court received the following declaration signed by the applicant:

“ I note that the Government of Turkey are prepared to pay ex gratia the sum of 12,000 (twelve thousand) euros to Mr Hüseyin Aslan with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.

This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into new Turkish liras at the rate applicable on the date of payment, and 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. 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 giving rise to this application. I declare that this constitutes a final resolution of the case. ”

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 examinat ion of the application (Article 37 § 1 in fine of the Convention). In view of the above, it is appropriate to discontinue the application of Article 29 § 3 and 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 Françoise Tulkens Deputy Registrar President