SECOND SECTION

DECISION

Application no . 36032/05 Mustafa ER against Turkey

The European Court of Human Rights (Second Section), sitting on 24 November 2015 as a Committee composed of:

Paul Lemmens, President, Ksenija Turković, Jon Fridrik Kjølbro, judges, and Abel Campos, Deputy Section Registrar ,

Having regard to the above application lodged on 30 September 2005,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Mustafa Er, is a Turkish national, who was born in 1967 and lives in Malatya.

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

The case concerned, in particular, the alleged unlawful nature of a number of searches carried out in the applicant ’ s house and his alleged unlawful deprivation of liberty on account of having been forced to wait in a room while the searches were being conducted.

The applicant ’ s complaints under Articles 5 § 1, 8 and 13 of the Convention 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 12 June 2015, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 5 May 2015 and that no extension of time had been requested. The applicant ’ 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 received this letter on 22 June 2015. 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 17 December 2015 .

Abel Campos Paul Lemmens              Deputy Registrar President