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

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

SECOND SECTION

DECISION

Application no. 69523/12Mehmet ÖZTÜRKagainst Turkey

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

             Nebojša Vučinić, President,              Paul Lemmens,              Egidijus Kūris, judges,and Abel Campos, Deputy Section Registrar,

Having regard to the above application lodged on 2 August 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 Mehmet Öztürk, is a Turkish national, who was born in 1968 and lives in Ankara He was represented before the Court by Mr S. Çalkan, a lawyer practising in Ankara. The Turkish Government (“the Government”) were represented by their Agent.

  2. The applicant complained under Article 5 § 1 (a) of the Convention about the disciplinary room confinement sanction which had been imposed on him by his military superiors.

  3. On 2 July 2013 and 12 March 2014 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 3,500 euros (EUR) to cover any pecuniary and 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 the decision taken by the Court. In the...

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