SECOND SECTION

DECISION

Application no . 6013/12 Ä°nan YILDIRIM against Turkey

The European Court of Human Rights (Second Section), sitting on 17 September 2013 as a Committee composed of:

Dragoljub Popović, President, Paulo Pinto de Albuquerque, Helen Keller, judges, and Atilla Nalbant, Acting Deputy Section Registrar ,

Having regard to the above application lodged on 13 October 2011,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr İnan Yıldırım, is a Turkish national, who was born in 1977 and lives in Batman He was represented before the Court by Mr E. Şenses, a lawyer practising in Batman.

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

The applicant complained under Articles 5 §§ 3, 4 and 5 of the Convention about the procedure for the review of his detention and the effective remedy in domestic law in regards to his detention.

On 28 December 2012 and 10 April 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 750 (seven hundred and fifty) euros to cover any and all non-pecuniary damage and 500 (five hundred) euros to cover any and all costs and expenses. These sums 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. They 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 these sums 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.

Atilla Nalbant Dragoljub Popović Acting Deputy Registrar President