THIRD SECTION

DECISION

Application no. 25685/07 Huseyin CALAN against Romania

The European Court of Human Rights (Third Section), sitting on 6 November 2012 as a committee composed of:

Alvina Gyulumyan , President, Kristina Pardalos , Johannes Silvis , judges, and Marialena Tsirli , Deputy Section Registrar ,

Having regard to the above application lodged on 6 June 2007,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Huseyin Calan , is a Turkish national, w ho was born in 1970. He was represented before the Court by Mr Iulian Dragomir Rusu , a lawyer practising in Bucharest .

The Romanian Government (“the Government”) were represented by their Agent, Mrs Irina Cambrea .

The applicant complained about his detention with a view to deportation and subsequent extradition to Turkey .

The applicant ’ s complaints under Article 5 § 1 and Article 1 of Protocol no. 7 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 24 July 2012, sent by registered post, the applicant ’ s representative was notified that the period allowed for submission of his observations had expired on 24 April 2012 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. No answer has been received by the Court.

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.

Marialena Tsirli Alvina Gyulumyan Deputy Registrar President