İlhan GÜNAY/TÜRKİYE DAVASI

SECOND SECTION DECISION Application no. 44705/09 by İlhan GÜNAY against Turkey The European Court of Human Rights (Second Section), sitting on 12 April 2011 as a Committee composed of: David Thór Björgvinsson, President, Giorgio Malinverni, Guido Raimondi, judges, and Françoise Elens-Passos, Deputy Section Registrar. Having regard to the above application lodged on 10 August 2009, 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 İlhan Günay, a Turkish national, who was born in 1965 and lives in Batman. The Turkish Government (“the Government”) were represented by their Agent. On 18 June 2010 the Court decided to communicate the applicant’s complaints under Articles 3 and 6 § 1 of the Convention concerning the alleged ill-treatment of the applicant in police custody and the length of criminal proceedings, which started on 20 January 2000 and ended on 6 February 2009. In support of his allegation of ill-treatment, the applicant did not submit any medical evidence. On 21 December 2010 and 1 February 2011 the Court received friendly settlement declarations signed by the parties under which the applicant

2 GÜNAY v. TURKEY DECISION 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 EUR 10,000 (ten thousand euros) 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 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 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 during 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 reasons to justify a continued examination 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 David Thór Björgvinsson Deputy Registrar President