FOURTH SECTION

DECISION

Application no . 17749/12 Fraser Brian SUMMERS against the United Kingdom

The European Court of Human Rights ( Fourth Section ), sitting on 4 September 2014 as a Committee composed of:

George Nicolaou , President, Nona Tsotsoria , Paul Mahoney , judges, and Fatoş Aracı , Deputy Section Registrar ,

Having regard to the above application lodged on 20 February 2012 ,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. The applicant, Mr Fraser Brian Summers , is a British national, who was born in 1987 and lives in Alloa . He was represented before the Court by Ms R. Cameron of John Pryde & Co Solicitors , a lawyer practising in Edinburgh .

2. The United Kingdom Government (“the Government”) were represented by their Agent, M s I. Rao of the Foreign & Commonwealth Office .

3. The applicant complained under Article 6 § 3 (c) of the Convention in conjunction with Article 6 § 1 that his trial was unfair because he was denied access to a lawyer during the initial police interviews and his statements to the police were subsequently relied on by the prosecution at his trial . He further complained under Article 6 about the length of the criminal proceedings, and under Article 13 about the lack of an effective remedy in respect of his Article 6 complaints.

THE LAW

4. On 3 March 2014 the Court received the following declaration signed by the applicant ’ s representative :

“ I, Rosemary Cameron of John Pryde & Co. Solicitors, note that the Government of the United Kingdom are prepared to pay Fraser Brian Summers, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, 4,500 euros to cover any and all pecuniary and non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to the applicant.

... ... ...

Having consulted my client, I would inform you that they accept the proposal and waive any further claims against the United Kingdom in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case. ”

5. On 6 May 2014 the Court received the following declaration signed by the Government:

“ I, Derek Walton , Agent for the Government of the United Kingdom, declare that the Government of the United Kingdom offer to pay to Fraser Brian Summers , with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, 4,500 euros to cover any and all pecuniary and non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to the applicant.

... ... ...

T he payment will constitute the final resolution of the case. ”

6. 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.

7. 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.

FatoÅŸ Aracı George Nicolaou              Deputy Registrar President