AYDIN v. TURKEY
Doc ref: 20419/07 • ECHR ID: 001-188144
Document date: November 6, 2018
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SECOND SECTION
DECISION
Application no. 20419/07 Ramazan AYD I N against Turkey
The European Court of Human Rights (Second Section), sitting on 6 November 2018 as a Committee composed of:
Ledi Bianku, President, Jon Fridrik Kjølbro, Ivana Jelić, judges, and Hasan Bakırcı, Deputy Section Registrar ,
Having regard to the above application lodged on 18 April 2007,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Ramazan Aydın, is a Turkish national, who was born in 1939 and lives in Batman. He was represented before the Court by Mr K. Seçkin, a lawyer practising in Batman.
The applicant ’ s complaints under Article 6 and Article 1 of Protocol No. 1 to the Convention were communicated to the Turkish Government (“the Government”), who were represented by their Agent.
In their observations, the Government informed the Court that the applicant had died on 11 March 2012.
On 18 April 2018 the Registry asked the applicant ’ s representative to indicate whether the applicant ’ s heirs wished to continue the application and to submit relevant documents evidencing their status as heirs by 30 May 2018. The applicant ’ s representative was also asked to submit his observations in reply as well as his just satisfaction claims.
Upon receiving no response, the Registry sent another letter to the applicant ’ s representative on 28 June 2018, by registered post, (received by a certain M.S. on 11 July 2018) reminding him that the period allowed for indicating whether the application would be pursued by the applicant ’ s heirs and submitting observations and just satisfaction claims had expired on 30 May 2018. His attention was drawn to Article 37 § 1 (a) of the Convention. However, the applicant ’ s representative failed to respond.
THE LAW
The Court observes that the applicant died on 11 March 2012 and that no member of his family or heir has expressed a wish to continue the proceedings before the Court in his place.
The Court considers with reference to Article 37 § 1 (a) and (c) of the Convention that, in these circumstances, it is no longer justified to continue the examination of the application. 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.
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 29 November 2018 .
Hasan Bakırcı Ledi Bianku Deputy Registrar President