FOURTH SECTION

DECISION

Application no. 73716/01 by Özgür DEMİRDAĞ against Turkey

The European Court of Human Rights (Fourth Section), sitting on 4 January 2007 as a Chamber composed of:

Sir Nicolas Bratza , President, Mr J. Casadevall , Mr G. Bonello , Mr R. Türmen , Mr K. Traja , Mr S. Pavlovschi , Mr L. Garlicki , judges, and Mr T.L. Early , Section Regi trar ,

Having regard to the above application lodged on 7 June 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 Özgür Demirdağ, is a Turkish national who was bor n in 1979 and lives in Diyarbakı r . He was rep resented before the Court by Mr A. Güleç, a lawyer practising in Diyarbakır .

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

The applicant was a student in the Diyarbakır Dicle University at the time of the events giving rise to the present application.

On 28 November 2000 he was taken into custody by officers from the Anti-Terror Branch of the Diyarbakır Security Directorate ( Terörle Mücadele Şubesi ) on suspicion of his involvement in an illegal organisation.

On 30 November 2000 the Diyarbakır Security Directorate requested the public prosecutor at the Diyarbakır State Security Court to extend the applicant ’ s detention in custody for two more days. On the same day the p rosecutor granted the request .

On 2 December 2000 the Diyarbakır Security Directorate requested the prosecutor to extend the applicant ’ s detention for six more days. On the same day the Diyarbakır State Security Court granted the request.

On 6 December 2000 the applicant gave a statement to the police officers. The following day, he gave a further statement to the public prosecutor and was released from custody.

On 25 January 2001 the public prosecutor filed a bill of indictment charging the applicant with membership of an illegal organisation pursuant to Article 168 of the Criminal Code.

On 5 June 2001 the Diyarbakır State Security Court held a hearing in which the applicant denied the veracity of the statements which he had made in custody.

On 17 September 2002 the same court acquitted the applicant on account of lack of sufficient and convincing evidence.

COMPLAINTS

The applicant complained under Article 5 of the Convention about the length of his detention in police custody without being brought before a judge and the denial of legal assistance during custody .

THE LAW

On 7 July 2006 the Court received a letter from the Government offering the applicant a friendly settlement of this case. As the applicant accepted the offer, the Government sent the following declaration:

“ I declare that the Government of Turkey offer to pay ex gratia EUR 3,000 (three thousand euros) to Mr Özgür Demirdağ 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 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. ”

In response, the Court received the following declaration dated 21 August 2006, signed by the applicant ’ s representative:

“I note that the Government of Turkey are prepared to pay ex gratia the sum of EUR 3,000 (three thousand euros) to Mr Özgür Demirdağ 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 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 reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). Accordingly, Article 29 § 3 of the Convention should no longer apply to the case and it should be struck out of the list.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

T.L. Early Nicolas Bratza Registrar President