SECOND SECTION

DECISION

Application no. 77253/14 Fehmi ÅžEN against Turkey

The European Court of Human Rights (Second Section), sitting on 11 June 2019 as a Committee composed of:

Julia Laffranque , President, Ivana Jelić , Arnfinn Bårdsen , judges, and Hasan Bakırcı, Deputy Section Registrar ,

Having regard to the above application lodged on 29 November 2014,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. The applicant, Mr Fehmi Şen , a Turkish national, was born in 1955 and lived in Mersin. He was represented before the Court by Mr A. Aktay and Mr U.Ç. Aktay , lawyers practising in Mersin.

2. The applicant ’ s complaint under Article 1 of the Protocol No. 1 to the Convention was communicated to the Turkish Government (“the Government”), who were represented by their Agent.

3. On 22 February 2008 the Government informed the Court that the applicant had died on 20 November 2015.

4. By a letter dated 9 March 2018, sent by registered post, the applicant ’ s representative was asked to indicate by 30 March 2018 whether the applicant ’ s heirs wished to continue the application. Upon the request of the applicant ’ s representative, the time-limit was extended until 24 April 2018. However, no heirs presented themselves to pursue the procedure.

THE LAW

5. The Court considers that, in these circumstances, the applicant ’ s heirs may be regarded as no longer wishing to pursue his 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 its Protocols which require the continued examination of the case.

6. 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.

Done in English and notified in writing on 4 July 2019 .

Hasan Bakırcı Julia Laffranque Deputy Registrar President