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ARAT v. TURKEY

Doc ref: 9986/08 • ECHR ID: 001-192385

Document date: March 7, 2019

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ARAT v. TURKEY

Doc ref: 9986/08 • ECHR ID: 001-192385

Document date: March 7, 2019

Cited paragraphs only

SECOND SECTION

DECISION

Application no. 9986/08 Yakup ARAT against Turkey

The European Court of Human Rights (Second Section), sitting on 7 March 2019 as a Committee composed of:

Stéphanie Mourou -Vikström, President, Arnfinn Bårdsen , Darian Pavli , judges ,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 22 February 2008 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Yakup Arat , was born in 1956.

He was represented before the Court by Mr M. Keskin , a lawyer practising in Istanbul.

The applicant ’ s complaints under Articles 8 and 13 of the Convention, concerning the alleged infringement of the right to physical integrity and the absence of effective remedies in that respect, were communicated to the Turkish Government (“the Government”) .

By letter dated 18 September 2018, sent by registered post, the applicant was notified that the period allowed for submission of his observations in reply to those of the Government and his claims for just satisfaction had expired on 9 July 2018 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 25 September 2018 . However, no response has been received.

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, 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 28 March 2019 .

Liv Tigerstedt Stéphanie Mourou-Vikström Acting Deputy Registrar President

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