SECOND SECTION

DECISION

Application no. 59491/10 Faruk KUZU against Turkey

The European Court of Human Rights (Second Section), sitting on 29 September 2020 as a Committee composed of:

Arnfinn BÃ¥rdsen , President, Darian Pavli, Peeter Roosma, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 2 September 2010 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Faruk Kuzu , was born in 1973.

The applicant was represented by Mr A. Orhan , a lawyer practising in Diyarbakır.

The applicant ’ s complaints under Article 6 of the Convention concerning the use by the trial court of his statements taken under alleged duress during the pre-trial stage, the lack of an oral hearing before the Court of Cassation, and the inability of the applicant to examine the witnesses against him were communicated to the Turkish Government (“the Government”) , who submitted observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry ’ s letter .

By letter dated 3 January 2020, sent to the applicant ’ s representative through the Court ’ s Electronic Communications Service ( eComms ) and by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 12 September 2019 and that no extension of time had been requested. The applicant ’ s attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. The applicant ’ s representative downloaded this letter on 2 March 2020. However, no response has been received.

THE LAW

In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the application.

Accordingly, the case should be struck out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases.

Done in English and notified in writing on 22 October 2020 .

Liv Tigerstedt Arnfinn BÃ¥rdsen Acting Deputy Registrar President