SECOND SECTION

DECISION

Application no. 31042/09 Haydar KAHRAMAN against Turkey

The European Court of Human Rights (Second Section), sitting on 10 September 2019 as a Committee composed of:

Valeriu Griţco , President, Egidijus Kūris , Darian Pavli, judges,

and Hasan Bakırcı, Deputy Section Registrar ,

Having regard to the above application lodged on 13 April 2009,

Having regard to the declaration submitted by the respondent Government on 2 April 2019 requesting the Court to strike the application out of the list of cases and the applicant ’ s reply to that declaration,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. The applicant, Mr Haydar Kahraman , is a Turkish national, who was born in 1980 and lives in Tunceli . He was represented before the Court by Mr Ä°. AkmeÅŸe , a lawyer practising in Istanbul.

2. The Turkish Government (“the Government”) were represented by their Agent.

3. On 9 November 2008 the applicant was taken into police custody on suspicion of rape. On 10 November 2008 he was placed in detention on remand on the order of the Bakırköy Magistrates ’ Court. On 18 November 2008 the Bakırköy Criminal Court dismissed the applicant ’ s objection based on the case-file, relying on the public prosecutor ’ s opinion that had not been communicated to the applicant or his representative. On 28 January 2009 the applicant was released. On 17 March 2009 the Bakırköy Public Prosecutor delivered a decision of non-prosecution against the applicant and therefore no criminal proceedings were instituted against him.

4. After unsuccessful friendly-settlement negotiations, by letter dated 2 April 2019 the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issues raised by the application. The declaration read:

“The Government of Republic of Turkey hereby wish to express by way of unilateral declaration their acknowledgement that the examination of the applicant ’ s release request did not meet the standards enshrined in Article 5 §§ 4 and 5 of the Convention in the present case.

I declare that the Government accordingly offer to pay the applicant 650 (six hundred and fifty) euros ( EUR) to cover any and all pecuniary and non-pecuniary damage and EUR 450 (four hundred and fifty) to cover any and all costs and expenses, plus any tax that may be chargeable to the applicant.

The above-mentioned sums will be converted into Turkish liras at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the decision taken by the Court to strike the case out of list of cases. 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 the 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 Government therefore invite the Court to strike the present case out of the list of cases. It suggests that the present declaration might be accepted by the Court as “any other reason” justifying the striking out of the case of the court ’ s list of cases, as referred to in Article 37 § 1(c) of the Convention.”

5. The Government therefore acknowledged a violation of the applicant ’ s rights guaranteed by Article 5 §§ 4 and 5 of the Convention. They undertook to pay the applicant 650 euros to cover any pecuniary and non-pecuniary damage and EUR 450 for costs and expenses, which will be converted into Turkish liras at the rate applicable on the date of payment, and will be 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. In the event of failure to pay this sum within the said three-month period, the Government undertook 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. They further requested the Court to strike out the application.

6. On 13 May 2019, the Court received a letter from the applicant informing the Court that he had agreed to the terms of the Government ’ s declaration.

THE LAW

7. Relying on Article 5 §§ 4 and 5 of the Convention, the applicant complained about the non-communication of the public prosecutor ’ s opinion during the proceedings to challenge the lawfulness of his detention and the right to compensation under domestic law in respect of this complaint.

8. T he Court finds that following the applicant ’ s express agreement to the terms of the unilateral declaration made by the Government, the case should be treated as a friendly settlement between the parties.

9. It therefore takes note of the friendly settlement reached between the parties in so far as it relates to the above complaint . 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.

10. In view of the above, it is appropriate to strike the case out of the list in so far as it relates to the above complaints .

11. The applicant raised f urther complaints under Article 5 §§ 3 and 4 and Article 6 of the Convention.

12. Having examined these complaints in the light of all the material in its possession, and in so far as the matters complained of are within its competence, the Court finds that they do not disclose any appearance of a violation of the rights and freedoms set out in the Convention or its Protocols.

13. It follows that this part of the application is manifestly ill ‑ founded and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases in so far as i t relates to the complaint s under Article 5 §§ 4 and 5 of the Convention , pursuant to Article 39 of the Convention ;

Declares the remainder of the application inadmissible.

Done in English and notified in writing on 3 October 2019 .

Hasan Bakırcı Valeriu Griţco Deputy Registrar President