SECOND SECTION

DECISION

Application no . 15055/11 Selami ATALAY against Turkey

The European Court of Human Rights (Second Section), sitting on 21 November 2017 as a Committee composed of:

Nebojša Vučinić , President, Valeriu Griţco , Jon Fridrik Kjølbro , judges, and Hasan Bakırcı, Deputy Section Registrar ,

Having regard to the above application lodged on 27 December 2010,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Selami Atalay , is a Turkish national, who was born in 1978 and lives in Ä°zmir. He was represented before the Court by Ms Nezahat PaÅŸa , a lawyer practising in Ä°zmir.

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

The applicant complained under Article 2 of the Convention that he had been shot and injured by a police officer and, as a result, had been left permanently paralysed from the waist below. He also complained that there had been serious shortcomings in the investigation into his shooting and in the trial of the police officers.

On 3 October 2017 the Court received the following declaration from the Government:

“The Government regret the occurrence of individual cases of life-threatening injuries resulting from the use of force, as in the circumstances of the present case, notwithstanding existing Turkish legislation and the resolve of the Government to prevent such actions.

The Government admit that the use of force which resulted in the applicant ’ s life-threatening injury and the investigation conducted into that use of force did not meet the standards enshrined in Article 2 of the Convention. The Government undertake to adopt all necessary measures to ensure that the right to life – including the obligation to carry out effective investigations – is respected in the future.

The Government declare that they offer to pay the applicant Selami Atalay , with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, EUR 65,000 (sixty-five thousand euros) to cover any and all non-pecuniary damage plus any tax that may be chargeable and EUR 3,000 (three thousand euros) to cover any and all costs and expenses, plus any tax that may be chargeable to the applicant.

These 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 its list of cases. In the event of failure to pay these sums within the said three-month period, the Government undertake to pay simple interest on them, 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.”

On 29 March 2017 the Court received the following declaration from the applicant:

“I, Nezahat Paşa , note that the Government of Turkey are prepared to pay the applicant Selami Atalay , with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, EUR 65,000 (sixty-five thousand euros) to cover any and all non-pecuniary damage plus any tax that may be chargeable and EUR 3,000 (three thousand euros) to cover any and all costs and expenses, plus any tax that may be chargeable to the applicant.

These 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 its list of cases. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

Having consulted the applicant, I would inform you that he accepts the proposal and waives any further claims against Turkey in respect of the facts giving rise to this application. He declares that this constitutes a 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 14 December 2017 .

Hasan Bakırcı NebojÅ¡a Vučinić              Deputy Registrar President