Decision of Court (Second Section Committee), May 19, 2015 (case KAHRAMAN v. TURKEY)

Judge:KAYA A.
Resolution Date:May 19, 2015
Issuing Organization:Court (Second Section Committee)

SECOND SECTION

DECISION

Application no. 76649/12Hüseyin KAHRAMANagainst Turkey

The European Court of Human Rights (Second Section), sitting on 19 May 2015 as a Committee composed of:

             András Sajó, President,              Helen Keller,              Robert Spano, judges,

and Abel Campos, Deputy Section Registrar,

Having regard to the above application lodged on 18 September 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 Hüseyin Kahraman, is a Turkish national, who was born in 1995 and lives in Istanbul. He was represented before the Court by Mr A. Kaya, a lawyer practising in Istanbul. The Turkish Government (“the Government”) were represented by their Agent.

  2. The applicant complained under Article 5 §§ 4 and 5 of the Convention about the non-communication of the public prosecutor’s opinion during the examination of his objection against his pre‑trial detention and the lack of effective domestic remedies in this respect.

  3. On 13 January 2015 and 9 February 2015 respectively 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 400 euros (EUR) to cover all non-pecuniary damage as well as costs and expenses, which will be converted into the national currency of the respondent State at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of...

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