SECOND SECTION

DECISION

Application no. 6144/15 Gülbahar RAHMANOVA against Turkey

The European Court of Human Rights (Second Section), sitting on 29 May 2018 as a Committee composed of:

Ledi Bianku, President, Nebojša Vučinić, Jon Fridrik Kjølbro, judges,

and Hasan Bakırcı, Deputy Section Registrar ,

Having regard to the above application lodged on 2 February 2015,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. The applicant, Ms Gülbahar Rahmanova, is a Turkmen national, who was born in 1982. She was represented before the Court by Ms Z. Rişvan, a lawyer practising in Istanbul.

2. When the application was lodged on 2 February 2015, the applicant requested the Court to adopt an interim measure, under Rule 39 for her release from the Kumkapı Foreigners ’ Removal Centre where she was held . On the same day the Acting President of the Section rejected her request. On the other hand, the acting President decided to give priority to the application under Rule 41 of the Rules of Court.

3. On 2 June 2015 the applicant ’ s complaints concerning the alleged poor conditions of detention at the Kumkapı Foreigners ’ Removal Centre where she was held between 12 December 2014 and 16 March 2015 and the alleged failure of the authorities to provide the applicant with medical assistance while in detention, the alleged absence of communication of information to the applicant on the reasons for her detention as well as the her complaint concerning the alleged absence of effective remedies to challenge the lawfulness of her detention, were communicated to the Turkish Government (“the Government”), who were represented by their Agent.

4. On 27 October 2015 the Government submitted their observations on the admissibility and merits of the case. On 22 January 2016 the applicant submitted her responses to the Government ’ s observations together with her claims for just satisfaction. On 8 March 2016 the Government submitted their observations on the applicant ’ s claims for just satisfaction.

5 . In their observations dated 27 October 2015, the Government submitted, in particular, that the applicant had been deported to Armenia on 8 April 2015.

6. On 20 December 2017 the President of the Section reconsidered the application in the light of the information provided by the Government on 27 October 2015 and decided, in view of that information, to discontinue the priority given to the application under Rule 41 of the Rules of Court on 2 February 2015.

7. On 4 January 2018 the applicant ’ s representative was informed of the decision of 20 December 2017 and was requested to inform the Court whether the applicant wished to pursue the application or agreed to its being struck out of the list. The applicant ’ s representative failed to respond to the Registry ’ s letter of 4 January 2018.

8. By letter dated 4 April 2018, sent by registered post, the applicant ’ s representative was notified that the period allowed for submission of the information requested from the applicant had expired on 2 February 2018 and that no extension of time had been requested. The applicant ’ s representative ’ s attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. However, no response has been received and the Registry ’ s letter was returned since the applicant ’ s representative had moved from the address of which she had notified the Court, without informing the Court of the change of address.

THE LAW

9. The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue her application, within the meaning of 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 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 21 June 2018 .

Hasan Bakırcı Ledi Bianku              Deputy Registrar President