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CANDAN AND OTHERS v. TURKEY

Doc ref: 44418/09 • ECHR ID: 001-177485

Document date: September 5, 2017

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CANDAN AND OTHERS v. TURKEY

Doc ref: 44418/09 • ECHR ID: 001-177485

Document date: September 5, 2017

Cited paragraphs only

SECOND SECTION

DECISION

Application no . 44418/09 Cevdet CANDAN and others against Turkey

The European Court of Human Rights (Second Section), sitting on 5 September 2017 as a Committee composed of:

Julia Laffranque , President , Paul Lemmens, Valeriu Griţco , judges ,

and Hasan Bakırcı, Deputy Section Registrar ,

Having regard to the above application lodged on 4 August 2009,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. A list of the applicants, who are all Turkish nationals, is set out in the appendix. They were represented before the Court by Mr S. Güçlü , a lawyer practising in Ankara.

2. The Turkish Government (“the Government”) were represented by their Agent.

3. The applicants complained under Article 6 § 1 of the Convention that the non-communication of the Chief Public Prosecutor ’ s written opinions in the proceedings before the Supreme Administrative Court had violated their right to an adversarial and fair hearing. Under the same heading, they further alleged that the length of proceedings had been unreasonable.

4. On 14 October 2010 the applicants ’ complaints were communicated to the Government.

5. By a letter dated 9 March 2011, the applicants were invited to submit their claims for just satisfaction. No reply was received.

6. By a letter dated 20 May 2016, sent by registered post, the applicants were invited to submit additional documents concerning the case. The applicants ’ 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. The applicants ’ representa tive received this letter on 31 May 2016. However no reply was received to the Registry ’ s letter.

THE LAW

7. The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their 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.

8. 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 28 September 2017 .

Hasan Bakırcı Julia Laffranque Deputy Registrar President

Appendix

No.

Applicant

Date of birth

Place of residence

Cevdet CANDAN

01/02/1973

Bilecik

Mustafa AYDIN

17/02/1971

Ankara

Mevlüt BARAN

28/02/1970

Mersin

UÄŸur EROL

16/07/1973

Ankara

Davut GEREK

01/01/1970

Yozgat

Hüseyin KOCA

03/12/1966

Ankara

Selahattin POLAT

21/10/1969

Amasya

Erdal TÃœRK

05/03/1974

Adana

Hüseyin YAKUT

24/12/1965

Bilecik

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