SECOND SECTION

DECISION

Application no. 60138/15 Kasım İLIMOĞLU against Turkey

(see appended table)

The European Court of Human Rights (Second Section), sitting on 10 March 2022 as a Committee composed of:

Jovan Ilievski, President, Gilberto Felici, Diana Sârcu, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 20 November 2015,

Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases, and the applicant’s reply to this declaration,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table. He was represented by Ms İ. İlimoğlu, a lawyer practising in Ankara.

The applicant’s complaints under Article 6 § 1 of the Convention concerning the alleged unfairness of the criminal proceedings against him owing to the alleged breaches of the principles of legal certainty and equality of arms, as well as the allegedly insufficient reasons given by the domestic courts for his conviction, were communicated to the Turkish Government (“the Government”).

The Government submitted a declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application.

The Government emphasised that Article 311 § l (f) of the Code on Criminal Procedure, as amended by Law no.7145 of 3l July 2018, required reopening of criminal proceedings in cases where the European Court of Human Rights decided to strike an application out of its list of cases following a friendly settlement or a unilateral declaration. The Government considered that the below remedy could provide redress in respect of the applicant’s complaints under Article 6 of the Convention. They further offered to pay the applicant the amount detailed in the appended table and invited the Court to strike the application out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amount will be converted into Turkish liras at the rate applicable on the date of payment and would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned 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 before the European Court of Human Rights.

The applicant informed the Court that he agreed to the terms of the declaration.

THE LAW

The Court finds that, following the applicant’s express agreement to the terms of the declaration made by the Government, the case should be treated as a friendly settlement between the parties.

It therefore 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 the Protocols thereto and finds no reasons to justify the 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 31 March 2022.

Viktoriya Maradudina Jovan Ilievski Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 6 § 1 of the Convention

Application no. Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Date of receipt of Government’s declaration

Date of receipt of applicant’s acceptance

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses

(in euros) [1]

60138/15

20/11/2015

Kasım İLİMOĞLU

1969Ä°limoÄŸlu Ä°clal

Ankara

15/12/2021

10/01/2022

5,400

[1] Plus any tax that may be chargeable to the applicant.