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ÖZDEMIR v. TURKEY

Doc ref: 38549/07 • ECHR ID: 001-198668

Document date: October 24, 2019

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ÖZDEMIR v. TURKEY

Doc ref: 38549/07 • ECHR ID: 001-198668

Document date: October 24, 2019

Cited paragraphs only

SECOND SECTION

DECISION

Application no. 38549/07 Ali ÖZDEMIR against Turkey

The European Court of Human Rights (Second Section), sitting on 24 October 2019 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 28 August 2007 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Ali Özdemir , was born in 1965.

The applicant was represented by Mr D. Gür , a lawyer practising in Istanbul.

The applicant ’ s complaints under Article 6 of the Convention, concerning the lack of notification to him of the proceedings in which his fine was converted into imprisonment, the lack of a hearing and the absence of legal assistance in those proceedings, and his complaints under Article 5 in relation to his subsequent imprisonment 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 1 July 2019, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 14 June 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 received this letter on 24 July 2019. However, no response has been received.

THE LAW

In the light of the foregoing, the Court concludes that the applicant does not wish to pursue the application within the meaning of 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, 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 14 November 2019 .

Liv Tigerstedt Ivana Jelić Acting Deputy Registrar President

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