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PADIR v. TURKEY

Doc ref: 50560/11 • ECHR ID: 001-191496

Document date: January 31, 2019

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PADIR v. TURKEY

Doc ref: 50560/11 • ECHR ID: 001-191496

Document date: January 31, 2019

Cited paragraphs only

SECOND SECTION

DECISION

Application no. 50560/11 Leyla PAD I R and O thers 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 15 April 2011 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of the applicants is set out in the appendix.

They were mainly represented before the Court by Mr Abdullah Fındık and Mr Hüsnü Kaplan, lawyers practising in Sirnak .

The application, which concerns the disappearance of the applicants ’ relative in 1994, was communicated to the Turkish Government (“the Government”) on 12 September 2016.

The Government ’ s observations of 13 March 2017 were forwarded to the applicants on 22 March 2017.

By letters dated 25 August 2017 , sent by registered post to both lawyers, the applicants were notified that the period allowed for submission of their observations in reply to those of the Government and their just satisfaction claims had expired on 3 May 2017 and that no extension of time had been requested. The applicants ’ 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. According to the postal records, both letters were delivered on 11 September 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

APPENDIX

List of applicants

No.

Firstname LASTNAME

Birth year

Nationality

Place of residence

1.Leyla PAD I R

1955Turkish

ÅžIRNAK

2.Abdullah PAD I R

1984Turkish

ÅžIRNAK

3.Ahmet PAD I R

1989Turkish

ÅžIRNAK

4.Ali PAD I R

1991Turkish

ÅžIRNAK

5.Azime PAD I R

1993Turkish

ÅžIRNAK

6.Emine PAD I R

1995Turkish

ÅžIRNAK

7.Hanım PAD I R

1994Turkish

ÅžIRNAK

8.Harun PAD I R

1977Turkish

ÅžIRNAK

9.Hazal PAD I R

1985Turkish

ÅžIRNAK

10.Ä°sa PAD I R

1982Turkish

ÅžIRNAK

11.Mehmet PAD I R

1987Turkish

ÅžIRNAK

12.Musa PAD I R

1979Turkish

ÅžIRNAK

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