SECOND SECTION

DECISION

Application no. 38275/11 Hüsnü YILDIZ and Sakine YILDIZ against Turkey

The European Court of Human Rights (Second Section), sitting on 31 January 2019 as a Committee composed of:

Valeriu Griţco , President, Jon Fridrik Kjølbro , Stéphanie Mourou-Vikström , judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 28 July 2011 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicants, Mr Hüsnü Yıldız and Mrs Sakine Yıldız , were born respectively in 1964 and 1950.

They were represented before the Court by Ms O. Aslan, a lawyer practising in Istanbul.

The application , which concerns the killing of the applicants ’ close relative by soldiers in 1997 , was communicated to the Turkish Government (“the Government”) on 4 December 2017.

The Government ’ s observations of 18 May 2018 were forwarded to the applicants on 24 May 2018.

By letter dated 25 September 2018, sent by registered post, the applicants ’ representative was notified that the period allowed for submission of the applicant s ’ observations in reply and just satisfaction claims had expired on 5 July 2018 and that no extension of time had been requested. The applicants ’ representative ’ 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 s do not intend to pursue the application. The applicants ’ representative received this letter on 1 October 2018. However, no response has been received.

THE LAW

In the light of the foregoing, t he Court concludes that the applicants 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 21 February 2019 .

Liv Tigerstedt Valeriu Griţco Acting Deputy Registrar President