THIRD SECTION

DECISION

Application no. 74941/01 by LeÅŸker A C AR [1] against Turkey

The European Court of Human Rights (Third Section), sitting on 30 August 2007 as a Chamber composed of:

Mr B.M. Zupančič , President , Mr C. Bîrsan , Mr R. Türmen , Mrs E. Fura-Sandström , Mrs A. Gyulumyan , Mr E. Myjer , Mrs I. Ziemele, judges , and Mr S. Quesada , Section Registrar ,

Having regard to the above application lodged on 20 August 2001,

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 Leşker A c ar 1 , is a Turkish national who was born in 1966 and was serving his sentence in Mardin prison at the time of the events . He was represented before the Court by Mr M. Taşk ı ran, a lawyer practising in Diyarbakır . The Turkish Government (“the Government”) did not designate an Agent for the purposes of the proceedings before the Court.

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

On 5 October 1998 the applicant arrived at Elazığ E-type prison where the prison officers placed him in a single cell and allegedly ill-treated him.

On 8 October 1998 the applicant ' s lawyer complained to the Elazığ public prosecutor about the applicant ' s ill-treatment.

On 12 October 1998 the applicant was examined by a doctor who noted, in particular, a number of fading ecchimoses on various parts of his body, including the soles of the applicant ' s feet. The applicant also had hearing difficulties due to battery and blood in his left ear.

On 16 October 1998 the applicant was transferred to Mardin E-type prison for security reasons.

In the meantime, the Elazığ public prosecutor identified two gendarmes as responsible for the ill-treatment inflicted on the applicant. The case file against them was transferred to the Elazığ Governor ' s Office, in accordance with the law on the prosecution of civil servants .

On 7 June 1999 the Provincial Administrative Council at the Elazığ Governor ' s Office decided not to commit the two gendarmes for trial on account of lack of evidence. On 6 June 2001 the Supreme Administrative Court , by a majority, decided to suspend the examination of the case file for five years, pursuant to Law no. 4616.

COMPLAINTS

The applicant complained under Articles 3, 6 and 13 of the Convention on account of the ill-treatment he received in Elazığ prison and the lack of an effective domestic remedy in this respect.

THE LAW

On 26 June 2007 the Court received the following declaration from the Government:

“ I declare that the Government of Turkey offer to pay ex gratia EUR 9,000 (nine thousand euros) to Mr LeÅŸker Acar with a view to securing a friendly settlement of the application registered under no. 74941/01. 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 be converted into new Turkish liras at the rate applicable at the date of payment, 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 perio d plus three percentage points.

The payment will constitute the final resolution of the case.”

On 2 April 2007 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 EUR 9,000 (nine thousand euros) to Mr LeÅŸker Acar with a view to securing a friendly settlement of the application registered under no. 74941/01. 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, to be converted into new Turkish liras at the rate applicable at the date of payment, 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). In view of the above, it is appropriate to discontinue the application of Article 29 § 3 of the Convention 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.

Santiago Quesada Boštjan M. Zupančič Registrar President

[1] The applicant’s name “Acar” was changed as “Açar”.