SECOND SECTION

DECISION

Application no . 37472/09 Necattin LEZGÄ° against Turkey

The European Court of Human Rights (Second Section), sitting on 19 February 2013 as a Committee composed of:

Dragoljub Popović , President, Paulo Pinto de Albuquerque , Helen Keller , judges, and Françoise Elens-Passos , Deputy Section Registrar ,

Having regard to the above application lodged on 22 June 2009,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Necattin Lezgi, is a Turkish national, who was born in 1979 and lives in Diyarbakır .

On 19 April 1998 the applicant was arrested on suspicion of membership of an illegal organisation, namely Hizbullah .

On 29 June 2007 the Diyarbakır Assize Court convicted the applicant under Article 314 § 2 of the Turkish Criminal Code and sentenced him to six years and three months ’ imprisonment.

On 23 December 2008 the Court of Cassation upheld the judgment of the first-instance court.

Relying on Article 3 of the Convention, the applicant complained that he had been ill-treated during his detention in police custody.

Relying on Article 6 of the Convention, the applicant maintained that the length of the criminal proceedings against him had exceeded the reasonable time requirement. He further contended that he had been denied access to a lawyer during the preliminary investigation. The applicant also complained that the domestic courts had acted erroneously in the assessment and application of the domestic laws and that the decisions of the domestic judicial authorities had been unfair.

By a letter dated 21 January 2011, sent by registered post, the applicant was requested to submit several documents, necessary to complete his application . 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. On 31 January 2011 the letter was delivered to the applicant ’ s wife. 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.

             Françoise Elens-Passos Dragoljub Popović Deputy Registrar President