by Naghmeh TAYFEH AGHA REZALOU
The European Court of Human Rights (Second Section), sitting on 3 November 2009 as a Chamber composed of:
Ireneu Cabral Barreto,
Kristina Pardalos, judges,
and Sally Dollé, Section Registrar,
Having regard to the above application lodged on 8 July 2008,
Having regard to the interim measure indicated to the respondent Government under Rule 39 of the Rules of Court,
Having regard to the observations submitted by the respondent Government,
Having deliberated, decides as follows:
The applicant, Ms Naghmeh Tayfeh Agha Rezalou, is an Iranian national who was born in 1974 and lives in Kayseri. She was represented before the Court by Mr A. Baba, a lawyer practising in Istanbul. The Turkish Government (“the Government”) were represented by their Agent.
The applicant complained that her possible deportation to Iran would expose her to a real risk of death or ill-treatment. In this respect she invoked Articles 2, 3 and 13 of the Convention.
On 26 November 2008 the President of the Chamber decided to communicate the application to the respondent Government, who submitted their observations on the admissibility and merits of the application on 24 March 2009.
On 7 April 2009 the Government’s observations were sent to the applicant who was requested to submit any observations in reply together with any claims for just satisfaction by 19 May 2009.
On 2 July 2009 the Registry of the Court sent the applicant another letter by registered mail, stating that, since no reply had been received, the Court would consider striking the case out of its list. The return receipt indicated that the letter was picked up on 7 July 2009. The applicant has not contacted the Court on the matter since then. It also appears from the Government’s submissions that the applicant’s residence permit has been extended. The last information received from the applicant in the instant case is a copy of the application form sent by fax on 8 July 2008. The original application and authority forms were not submitted to the Court.
The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue her 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 discontinue the application of Rule 39 of the Rules of Court and strike the case out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Sally Dollé Françoise Tulkens