SECOND SECTION

DECISION

Application no. 35572/12 Methi KAYA against Turkey

The European Court of Human Rights (Second Section), sitting on 2 June 2022 as a Committee composed of:

Jovan Ilievski, President, Gilberto Felici, Diana Sârcu, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 10 May 2012,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Methi Kaya, was born in 1978.

The applicant was represented by Mr Fehmi Kaya , his brother and legal guardian.

The applicant’s complaints under Article 6 of the Convention concerning the alleged unfairness of criminal proceedings were communicated to the Turkish Government (“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 27 January 2020, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 7 January 2020 and that no extension of time had been requested. This letter was returned to the Registry without any indication on the envelop.

On different dates, the Registry sent two more letters to the applicant’s prison address, asking him to appoint a representative. No reply followed.

On 9 August 2021 the Registry sent a letter to the applicant’s legal guardian by registered post and by e-mail, inviting him to appoint a representative by 13 September 2021. Upon the receipt of an authority form sent by the applicant’s legal guardian Fehmi Kaya, the Court granted him leave to represent the applicant in the proceedings before the Court and forwarded him the Government’s observations on the admissibility and merits, inviting him to submit the applicant’s observations. This letter was sent to the applicant’s representative through the Court’s Electronic Communications Service (eComms) on 23 September 2021.

Noting that no observations were filed and that the Court’s letter and its annexes on the eComms system were not read, on 8 February 2022 the Registry sent a letter to the applicant’s representative by registered post, notifying him that the period allowed for submission of the said observations had expired on 4 November 2021 and that no extension of time had been requested. The representative’s attention was also drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application 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 that letter on 23 February 2022. However, no response has followed.

THE LAW

In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the application.

Accordingly, the case should be struck 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 23 June 2022.

Viktoriya Maradudina Jovan Ilievski Acting Deputy Registrar President