SECOND SECTION

DECISION

Application no . 57640/11 Ercan TÃœT 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 ,

Having regard to the above application lodged on 27 June 2011 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Ercan Tüt , is a Turkish national, who was born in 1988 and lives in Diyarbak ı r . He was represented before the Court by Mr M.Z. Dündar , a lawyer practising in Diyarbak ı r . 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 6 October 2009 the Diyarbakır Assize Court convicted the applicant of membership of an illegal organisation under Article s 220(6) and 314 of the Criminal Code , violating the Meetings and Demonstration Marches Act (Law No. 2911) and 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 his participation in a demonstration held on 20 October 2008. Holding that the applicant had participated in a demonstration o rganised upon the call of the PKK and chanted slogans in favour of that organisation, the first-instance court sentenced the applicant to a total of eight years and four months ’ imprisonment.

On 8 December 2010 the Court of Cassation upheld the judgment of the Diyarbakır Assize Court in so far as it concerned the applicant ’ s conviction for membership of an illegal organisation and disseminating propaganda in favour of a terrorist organisation. The Court of Cassation quashed the judgment in so far as it concerned the applicant ’ s conviction under Law no. 2911.

On 25 July 2012 the Diyarbakır Assize Court revised its judgment of 6 October 2009 , in accordance with Law no. 6352 which en tered into force on 5 July 2012. The first-instance court reduced the applicant ’ s sentence to a total of three years, eleven months and fifteen days ’ imprisonment and decided to suspend the execution of the sentence in so far as it concerned the applicant ’ s conviction under section 7(2) of Law no. 3713 .

COMPLAINTS

The applicant complained that his conviction on account of participation in a demonstration and chanting slogans under Articles 220(6) and 314 of the Criminal Code and section 7(2) of the Prevention of Terrorism Act had constituted a violation of Articles 6, 7, 9, 10, 13 and 14 of the Convention.

THE LAW

By letter dated 25 November 2013 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 6 January 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 6 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 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. 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.

Abel Campos NebojÅ¡a Vučinić              Deputy Registrar President