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KARATAŞ v. TURKEY

Doc ref: 43168/07 • ECHR ID: 001-172899

Document date: March 14, 2017

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KARATAŞ v. TURKEY

Doc ref: 43168/07 • ECHR ID: 001-172899

Document date: March 14, 2017

Cited paragraphs only

SECOND SECTION

DECISION

Application no . 43168/07 Gülizar KARATAŞ against Turkey

The European Court of Human Rights (Second Section), sitting on 14 March 2017 as a Committee composed of:

Ksenija Turković , President, Jon Fridrik Kjølbro, Georges Ravarani, judges,

and Hasan Bakırcı, Deputy Section Registrar ,

Having regard to the above application lodged on 20 September 2007,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Gülizar Karataş , is a Turkish national, who was born in 1937 and lives in Izmir. She was represented before the Court by Mr M.K. Turan and Mr Y. Uysal, lawyers practising in İzmir.

In 1998 the General Directorate of National Roads and Highways started to use the applicant ’ s plot of land for construction of a motorway. Following a case lodged by the applicant, the domestic courts awarded the applicant compensation plus interest at the statutory rate for de facto expropriation of her land. The applicant complained of violations of Article 6 § 1 of the Convention and of Article 1 of Protocol No. 1 to the Convention on account of the non-application of the maximum interest rate as provided in Article 46 of the Constitution to her compensation award.

By letter dated 21 June 2016, sent by registered post, the applicant ’ s representative was asked to submit a document indicating the date on which the final domestic decision had been served on the applicant. 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. The applicant ’ s representative received this letter on 29 June 2016. However, no response has been received.

THE LAW

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 6 April 2017 .

Hasan Bakırcı Ksenija Turković Deputy Registrar President

© European Union, https://eur-lex.europa.eu, 1998 - 2025

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