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

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

SECOND SECTION

DECISION

Application no. 5964/13Serdal YILDIZagainst 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 5 December 2012,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Serdal Yıldız, is a Turkish national, who was born in 1986 and lives in Bilecik. 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.

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.

On 25 September 2013 and 11 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 5,500 euros (EUR) (five thousand five hundred euros) to cover all 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...