SECOND SECTION

DECISION

Application no. 34585/97 by Muharrem AKÇA against Turkey

The European Court of Human Rights (Second Section) , sitting on 28 May 2002 as a Chamber composed of

Mr J.-P. Costa , President , Mr L. Loucaides , Mr R. Türmen , Mr C. Bîrsan , Mr K. Jungwiert , Mr V. Butkevych , Mrs A. Mularoni , judges , and Mrs S. Dollé , Section Registrar ,

Having regard to the above application lodged with the European Commission of Human Rights on 26 June 1996,

Having regard to Article 5 § 2 of Protocol No. 11 to the Convention, by which the competence to examine the application was transferred to the Court,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,

Having deliberated, decides as follows:

THE FACTS

The applicant, Muharrem Akça, is a Turkish national, who was born in 1958 and lives in London . He was represented before the Court by Mr Alan Simmons, a lawyer practising in London.

A. The circumstances of the case

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

In May 1981 the applicant, accused of membership of an illegal organisation, the Dev-Yol (Revolutionary Way), was taken into police custody and subsequently placed in detention on remand.

On 26 February 1982 the Public Prosecutor filed a bill of indictment with the Ankara Martial Law Court against the applicant, along with 723 other defendants. The applicant was accused of membership of an illegal organisation, whose aim was to undermine the constitutional order and replace it with a Marxist-Leninist regime. The prosecution called for the death penalty to be imposed on the applicant, pursuant to Section 146 of the Turkish Criminal Code.

On 19 July 1989 the Ankara Martial Law Court found the applicant guilty as charged and sentenced him to imprisonment for life.

The applicant’s case was automatically referred to the Military Court of Cassation , as his sentence exceeded 15 years’ imprisonment.

Pursuant to a law promulgated on 27 December 1993, the case-file was transferred to a non-military court, the Court of Cassation .

On 27 December 1995 the Court of Cassation decided to uphold the judgment of the first-instance court.

COMPLAINT

The applicant complained that the criminal proceedings brought against him were not concluded within a reasonable time, as required by Article 6 § 1 of the Convention.

THE LAW

Following informal contacts between the applicants’ and the Government’s representatives, the Section Registrar was asked to assist the parties in reaching a solution to the matter. As a result, the Registrar sent draft declarations to the parties.

The Court received the following declaration from the Government:

“I declare that the Government of Turkey offer to pay Mr Muharrem Akça , on an ex gratia basis, the all-inclusive amount of 16 750 (sixteen thousand seven hundred and fifty) Euros with a view to securing a friendly settlement of the application registered under no. 34585/97 pending before the Court. This sum, which also covers legal expenses connected with the case, shall be payable within three months from the date of the notification of the decision by the Court pursuant to Article 39 of the European Convention on Human Rights.

This sum shall be paid in Euros to a bank account named by the applicant, free of any taxes and charges that may be applicable. The payment will constitute the final resolution of the case.”

The Court received the following declaration from the representative of the applicant:

“I note that the Government of Turkey are prepared to pay Mr Muharrem Akça , on an ex gratia basis, the all-inclusive amount of 16 750 (sixteen thousand seven hundred and fifty) Euros with a view to securing a friendly settlement of the application registered under no. 34585/97 pending before the Court. This sum, which also covers legal expenses connected with the case, shall be payable within three months from the date of the notification of the decision by the Court pursuant to Article 39 of the European Convention on Human Rights, to a bank account named by the applicant, free of any taxes and charges that may be applicable.

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 agreement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention or its Protocols and considers that there is no reason which would justify the continuation of the examination of the application (Article 37 § 1 in fine of the Convention and Rule 62 § 3 of the Rules of the Court).

For these reasons, the Court unanimously

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

S. Dollé J.-P. Costa Registrar President