SECOND SECTION

DECISION

Application no. 12997/10 by Yı lmaz YÜCEDAĞ and Ercan UZLAN against Turkey

The European Court of Human Rights (Second Section), sitting on 14 December 2010 as a Committee composed of:

Danutė Jočienė , President, Nona Tsotsoria , Guido Raimondi , judges, and Françoise Elens-Passos , Deputy Section Registrar ,

Having regard to the above application lodged on 17 February 20 10,

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

Having deliberated, decides as follows:

PROCEDURE

The application was lodged by Mr Yı lmaz Yücedağ and Mr Ercan Uzlan , Turkish nationals, who were born in 1978 and 1979 respectively and live in Istanbul . They were represented before the Court by Mr O. Yıldı z , a lawyer practising in İstanbul . The Turkish Government (“the Government”) were represented by their Agent .

On 25 May 2010 the Court decid ed to communicate the applicants ’ complaints under Articles 6 § 1 and 13 of the Convention concerning the length of criminal proceedings, which have started on 21 April 1999 and are still pending before the appeal court, and the alleged absence of an effective domestic remedy to challenge the length of proceedings .

On 23 July 2010 and 11 October 2010 the Court received friendly settlement declarations signed by the parties under which the applicant s agreed to waive any further claims against the Turkey in respect of the facts giving rise to this application against an undertak ing by the Government to pay the applicants 6,500 euros each to cover any pecuniary and non ‑ pecuniary damage as well as costs and expenses, which would be converted into Turkish liras at the rate applicable on the date of payment, and will be free of a ny taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. 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 expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank durin g 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 public policy reasons to justify a continued examinat ion of the application (Article 37 § 1 in fine of the Convention).

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.

Françoise Elens-Passos DanutÄ— JočienÄ—              Deputy Registrar President