SECOND SECTION

DECISION

Application no . 4447/08 Şaban ÇELEBİ against Turkey

The European Court of Human Rights (Second Section), sitting on 28 June 2016 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 16 January 2008,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Ş aban Ç elebi, is a Turkish national, who was born in 1963 and lives in Zonguldak. He was represented before the Court by Mr M. Büyüky ı lmaz, a lawyer practising in Zonguldak.

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

The applicant ’ s father, who had been a coal mine worker, had allegedly died as a result of an occupational lung disease. The applicant complained under Articles 2 and 6 of the Convention about the ineffectiveness of the proceedings initiated before the Zonguldak Labour Court to establish the cause of his father ’ s death and to obtain compensation.

The applicant ’ s complaints in this regard were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry ’ s letter.

By letter dated 26 February 2016, sent by registered post, the applicant ’ s representative was notified that the period allowed for submission of his observations had expired on 3 January 2014 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. The applicant ’ s representative received this letter on 15 March 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 his 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 July 2016 .

Hasan Bakırcı Ksenija Turković              Deputy Registrar President