SECOND SECTION

DECISION

Application no. 54776/09 Enver KAPLAN against Turkey

The European Court of Human Rights (Second Section), sitting on 13 February 2020 as a Committee composed of:

Ivana Jelić , President, Arnfinn Bårdsen , Darian Pavli , judges ,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 23 September 2009 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Enver Kaplan, was born in 1970.

The applicant was represented by Mr M. Yavuz , a lawyer practising in Adana.

The applicant ’ s complaints under Article 6 §§ 1 and 3 (d) of the Convention, concerning the alleged unfairness of the criminal proceedings owing to his inability to examine witness E.E., 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 a letter dated 9 September 2019, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 8 August 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 received this letter on 23 September 2019. 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 5 March 2020 .

Liv Tigerstedt Ivana Jelić Acting Deputy Registrar President