SECOND SECTION

DECISION

Application no. 3226/04 by Hasan YILMAZ against Turkey

The European Court of Human Rights (Second Section), sitting on 23 October 2007 as a Chamber composed of:

Mrs F. Tulkens , President, Mr A.B. Baka , Mr R. Türmen , Mr M. Ugrekhelidze , Mr V. Zagrebelsky , Mrs A. Mularoni , Mr D. Popović , judges, and Mrs F . Elens-Passos , Deputy Section Regist rar ,

Having regard to the above application lodged on 22 December 2003,

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 settlem ent of the case,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Hasan Yilmaz , is a Turkish national who was born in 1963 and lives in Adana . He was represented before the Court by Ms M. Pınarlıdağ , a lawyer practising in Bursa .

A. The circumstances of the case

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

On 9 September 1996 the applicant was arrested and placed in detention in police custody. On 20 September 1996 he was detained on remand.

On 30 September 1996 the Public Prosecutor at the Istanbul State Security Court filed an indictment against the applicant and fourteen others, charging them with possession of drugs that were not intended for personal use and importation of drugs.

On 10 October 2001 the Istanbul State Security Court convicted the applicant and sentenced him to a fine and to twenty four years ’ imprisonment.

Some of the accused, including the applicant, appealed against the decision. On 6 June 2002 the Court of Cassation quashed the decision of the State Security Court in respect of the applicant and three others.

The case was resumed before the Istanbul State Security Court .

On 8 November 2002 the court convicted all four accused. The applicant was sentenced to a fine and to eighteen years and nine months ’ imprisonment.

On 26 June 2003 the Court of Cassation upheld the decision of the Istanbul State Security Court .

COMPLAINTS

The applicant complained under Article 5 § 3 of the Convention that he had been not brought promptly before a judge.

He also complained under Article 6 § 1 of the Convention about the length of the criminal proceedings brought against him.

THE LAW

T he Court received the following declaration from the Government:

“I declare that the Government of Turkey offer to pay ex gratia to the applicant an all-inclusive amount of EUR 4,500 (four thousand five hundred euros) with a view to securing a friendly settlement of the above-mentioned application pending before the European Court of Human Rights.

This sum, which also covers legal expenses connected with the case, shall be free of any tax that may be applicable and be paid in euros, to be converted into Turkish liras at the rate applicable at the date of payment, to a bank account named by the applicant and/or his duly authorised representative. It shall be payable within three months from the date of notification of the decision delivered by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. This payment will constitute the final settlement of the case. 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.”

T he Court received the following declaration signed by the applicant:

“I note that the Government of Turkey are prepared to pay ex gratia to the applicant an all-inclusive amount of EUR 4,500 (four thousand five hundred euros) with a view to securing a friendly settlement of the above-mentioned application pending before the European Court of Human Rights.

This sum, which is to cover any pecuniary and non-pecuniary damage as well as legal costs and expenses connected with the case, shall be paid in euros, to be converted into Turkish liras at the rate applicable at the date of payment, to a bank account named by me. It shall be payable within three months from the date of notification of the decision delivered 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, 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.

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 I 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). 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.

F. Elens-Passos F. Tulkens              Deputy Registrar President