SECOND SECTION

DECISION

Application no. 38663/07 Naim Y I LMAZ against Turkey

The European Court of Human Rights (Second Section), sitting on 6 November 2018 as a Committee composed of:

Ledi Bianku, President, Jon Fridrik Kjølbro, Ivana Jelić, judges, and Hasan Bakırcı, Deputy Section Registrar .

Having regard to the above application lodged on 14 August 2007,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Naim Yılmaz, is a Turkish national, who was born in 1977 and lives in Eskişehir. He was represented before the Court by Mr A. Ulutaş, a lawyer practising in Eskişehir.

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

The applicant complained under Article 5 § 1 of the Convention that the disciplinary penalties imposed on him – room confinement – had been ordered by his military superiors and by the M ilitary Disciplinary Court respectively, and not by an independent and impartial tribunal.

On 8 May 2018 and 13 March 2018 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Turkey in respect of the facts giving rise to this application against an undertaking by the Government to pay him 7,500 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into the currency of the respondent State 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 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 LAW

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. In view of the above, it is appropriate 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 in accordance with Article 39 of the Convention.

Done in English and notified in writing on 29 November 2018 .

Hasan Bakırcı Ledi Bianku Deputy Registrar President