ÇAYLAN v. TURKEY
Doc ref: 27994/05 • ECHR ID: 001-188956
Document date: November 29, 2018
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SECOND SECTION
DECISION
Application no. 27994/05 Ömer ÇAYLAN against Turkey
The European Court of Human Rights (Second Section), sitting on 29 November 2018 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 30 July 2005 ,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Ömer Çaylan , was born in 1957.
He was represented before the Court by Mr Selim Alparslan , a lawyer practi s ing in Ankara.
On 10 September 2008, the applicant ’ s complaints were communicated to the Turkish Government (“the Government”) under Article 8 of the Convention. On 5 December 2017, additional questions were put to the parties under Article 6 § 1 and Article 1 of Protocol No.1 of the Convention. On 27 February 2018 the Government submitted their observations on the admissibility and merits concerning those additional questions .
By letter dated 18 June 2018, sent by registered post, the representative was notified that the period allowed for the applicant for submission of his observations in reply to those of the Government ’ s had expired on 18 April 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. His representative received this letter on 25 June 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 20 December 2018 .
Liv Tigerstedt Valeriu Griţco Acting Deputy Registrar President