TAŞKIRAN v. TURKEY
Doc ref: 27421/11 • ECHR ID: 001-158807
Document date: October 13, 2015
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SECOND SECTION
DECISION
Application no . 27421/11 Turgut TAÅžKIRAN against Turkey
The European Court of Human Rights (Second Section), sitting on 13 October 2015 as a Committee composed of:
Nebojša Vučinić, President, Egidijus Kūris, Stéphanie Mourou-Vikström, judges, and Abel Campos, Deputy Section Registrar ,
Having regard to the above application lodged on 5 January 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Turgut Taşkıran, is a Turkish national, who was born in 1958. He is represented before the Court by Mr F. Nebioğlu, a lawyer practising in Kars .
The Turkish Government (“the Government”) were represented by their Agent.
On 15 February 2009 the applicant chanted slogans in favour of the leader of an illegal organisation, Abdullah Öcalan. On 24 April 2009 he attended the Newroz celebration. On 8 April 2009 he read out a press statement concerning the problems of Kurdish people and chanted slogans in favour of the PKK (Kurdish Workers ’ Party). On 16 April 2009 a press statement was read out by the applicant. On 18 August 2009 the Erzurum Assize Court with special jurisdiction found the applicant guilty of making terrorist propaganda on behalf of an illegal organisation and sentenced him to four terms of ten months ’ imprisonment, making a total of three years and four months ’ imprisonment. The Assize Court further found the applicant guilty of membership of an illegal organisation under Article 314 of the Criminal Code and sentenced him to six years and three months ’ imprisonment. On 5 July 2010 the Court of Cassation upheld the judgment.
On 12 September 2013 the Court decided to communicate the applicant ’ s complaints concerning the freedom of expression against him to the Government under Article 10 of the Convention. On 2 April 2014 the Government ’ s 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 16 October 2014, sent by registered post, the applicant ’ s representative was notified that the period allowed for submission of his observations had expired on 13 May 2014 and that no extension of time had been requested. However, no response has been received to that letter. 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 31 October 2014. However, no response has been received to that letter.
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 5 November 2015 .
Abel Campos NebojÅ¡a Vučinić Deputy Registrar President
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