SECOND SECTION

DECISION

Application no . 55248/10 Hüseyin ERDOĞAN against Turkey

The European Court of Human Rights ( Second Section ), sitting on 1 0 December 2013 as a Committee composed of:

Peer Lorenzen , President, András Sajó , Nebojša Vučinić , judges , and , Stanley Naismith Section Registrar ,

Having regard to the above application lodged on 12 July 2010 ,

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 Hüseyin Erdoğan , is a Turkish national, who was born in 1984 and lives in Istanbul. He was represented before the Court by Mr İ . Akmeşe , a lawyer practising in Istanbul .

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

3 . The applicant complained under Article 6 § 1 of the Convention that he had been denied access to a court on account of the refusal of the Military Supreme Administrative Court to grant him legal aid to pay the court fees. He further complained under Article 13 of the Convention about his inability to bring proceedings before the domestic courts .

4 . On 18 June 2013 and 13 September 2013 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 3 000 euros to cover any non-pecuniary damage, 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 applica ble . 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

5 . 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.

Stanley Naismith Peer Lorenzen Registrar President