SECOND SECTION

DECISION

Application no. 43826/19 M.O . against Turkey

The European Court of Human Rights (Second Section), sitting on 9 July 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 6 August 2019 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, M.O., was born in 1986. The President granted the applicant ’ s request for his identity not to be disclosed to the public (Rule 47 § 4 of the Rules of Court). He was represented before the Court by Mr E. Kafadar , a lawyer practising in Istanbul.

The applicant complained under Article 3 of the Convention that he would face ill-treatment if deported to Uzbekistan. He further argued that his deportation would amount to a violation of his right to private and family life under Article 8, having regard to the family life that he had established in Turkey .

Upon a request by the applicant, on 21 August 2019 the Court decided to apply an interim measure under Rule 39 of the Rules of Court, indicating to the Turkish Government (“the Government”) that the applicant should not be removed for the duration of the proceedings before the Court. The applicant ’ s case was also granted priority (Rule 41) on the same date.

On 24 October 2019 the Court decided to give notice to the Government of the applicant ’ s complaints detailed above.

On 18 March 2020 the applicant ’ s representative informed the Registry that the applicant wanted to withdraw his application, as he had returned to Uzbekistan after receiving certain guarantees from the Uzbek authorities regarding his safety.

THE LAW

In the light of the foregoing, t he Court concludes that the applicant may be regarded as no longer wishing to pursue the application (Article 37 § 1 (a) of the Convention). Furthermore, in accordance with Article 37 § 1 in fine , the Court finds no special circumstances regarding respect for human rights as defined in the Convention and the Protocols thereto which require the continued examination of the application.

Accordingly, it is appropriate to strike the case out of the list and to discontinue the application of Rule 39 of the Rules of Court.

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 30 July 2020 .

Liv Tigerstedt Arnfinn BÃ¥rdsen Acting Deputy Registar President