{"@context": "https://schema.org", "@type": "Article", "headline": "YILMAZ v. TÜRKİYE", "inLanguage": "cs", "identifier": "001-250836", "url": "https://europaius.com/eslp/001-250836"}head>

YILMAZ v. TÜRKİYE

2026-05-21T00:00:00
  SECOND SECTION DECISION Application no. 8064/19 Sinan YILMAZ against Türkiye (see appended table) The European Court of Human Rights (Second Section), sitting on 21 May 2026 as a Committee composed of:  Stéphane Pisani, President,  Juha Lavapuro,  Hugh Mercer, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having regard to the above application against the Republic of Türkiye lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on 11 December 2018, Having regard to the formal declarations accepting a friendly settlement of the case, Having deliberated, decides as follows: FACTS AND PROCEDURE The applicant’s details are set out in the appended table. The applicant was represented by Ms N. Varol Taş, a lawyer practising in Istanbul. The applicant’s complaints under Article 6 § 1 of the Convention, concerning the independence and impartiality of the Supreme Military Administrative Court, and the principles of equality of arms and adversarial proceedings were communicated to the Turkish Government (“the Government”). The Court received the friendly-settlement declarations, signed by the parties, under which the applicant agreed to waive any further claims against Türkiye in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him the amount detailed in the appended table. The Government also emphasised that Article 53 § 1(ı) of the Code of Administrative Procedure, as amended by Law no. 7145 of 31 July 2018, required reopening of civil 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. The amount detailed in the appended table will be converted into the currency of the respondent State at the rate applicable on the date of payment and will 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 undertake 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. 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 the Protocols thereto and finds no reasons to justify a 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 11 June 2026.    Viktoriya Maradudina Stéphane Pisani  Acting Deputy Registrar President   APPENDIX 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 declaration Amount awarded for non-pecuniary damage and costs and expenses per applicant (in euros)[1] 8064/19 11/12/2018 Sinan YILMAZ 1980   Neslişah Varol Taş Istanbul 20/01/2026 14/01/2026 1,500   [1] Plus any tax that may be chargeable to the applicant.