Information Note on the Court’s case-law 52

April 2003

Sevgi ErdoÄŸan v. Turkey - 28492/95

Judgment 29.4.2003 [Section IV]

Article 37

Article 37-1-c

Continued examination not justified

Death of applicant: struck out

The applicant complained of violence and ill-treatment at the hands of the security forces. She died while her application was being examined by the Court. Only the Counsel representing her before th e Court requested that the proceedings be continued. On the basis of the information provided by the applicant's Counsel, it was not possible to contact a close relative or legal heir of the applicant. Her Counsel stated that the applicant's deceased husba nd's mother wished to proceed with the application, but failed to provide either a duly completed mandate or a document showing that intention.

The applicant's Counsel cannot, as such, claim a legitimate interest – whether material or non-material – in co ntinuing the proceedings on his own behalf. Since it has been impossible to establish any contact with one of the applicant's close relatives or legal heirs, the applicant's representative cannot continue the proceedings before the Court. Accordingly, it i s no longer justified to continue the examination of the case.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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