SECOND SECTION

DECISION

Application no . 57509/11 Mehmet UÅžAR against Turkey

The European Court of Human Rights ( Second Section ), sitting on 4 November 2014 as a Committee composed of:

Nebojša Vučinić , President ,

Paul Lemmens,

Egidijus KÅ«ris , judges ,

and Abel Campos , Deputy Section Registrar ,

H aving regard to the above application lodged on 22 June 2011 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Mehmet Uşar , is a Turkish national, who was born in 1980 and lives in Van . He was represented before the Court by Mr Ö. Kılıç , a lawyer practising in Istanbul .

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

The facts of the case, as submitted by the parties, may be summarised as follows.

On 23 August 2007 the Erzurum Assize Court convicted the applicant of disseminating propaganda in favour of the PKK, an illegal organisation , under section 7(2) of the Prevention of Terrorism Act (Law no. 3713), on account of the content of a press statement that he had read on 19 February 2005 in Kars. The court sentenced the applicant to one year of imprisonment.

On 3 February 2011 the Court of Cassation upheld the judgment of 23 August 2007.

On 4 January 2012 the applicant started serving his prison sentence.

On 4 September 2012 the Erzurum Assize Court revised its judgment of 23 August 2007, in accordance with Law no. 6352 which entered into force on 5 July 2012, and decided to suspend the execution of the remainder of the sentence for a period of three years. This decision became final on 17 October 2012.

COMPLAINTS

The applicant complained that his conviction under section 7(2) of the Prevention of Terrorism Act had constit uted a violation of Articles 6 and 10 of the Convention.

THE LAW

By letter dated 2 January 2014 the Government ’ s observations were sent to the applicant ’ s representative, who was requested to submit any observations together with any claims for just satisfaction in reply by 13 February 2014.

By letter dated 13 May 2014, sent by registered post, the applicant ’ s representative was notified that the period allowed for submission of the applicant ’ s observations had expired on 13 February 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 21 May 2014. However, no response has been received.

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. Furtherm ore, 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.

Abel Campos NebojÅ¡a Vučinić              Deputy Registrar President