by Ali ABDOLLAHI
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 23 May 2008,
Having regard to the interim measure indicated to the respondent Government under Rule 39 of the Rules of Court on 23 May 2008,
Having regard to the urgent notification of further submissions under Rule 40 of the Rules of Court on 20 August 2008,
Having regard to the observations submitted by the respondent Government on 4 March 2009,
Having deliberated, decides as follows:
The applicant, Mr Ali Abdollahi, is an Iranian national who was born in 1959. He 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 his possible deportation to Iran would expose him to a real risk of death or ill-treatment. He further maintained that he had been detained under poor detention conditions, had been denied access to a lawyer, and had no effective remedies by which to challenge his detention or deportation order. In this respect he invoked Articles 2, 3 and 5 §§ 3 and 4 of the Convention.
On 16 September 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 14 and 26 January 2009.
On 4 March 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 15 April 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 permission had been granted, on an unspecified date towards the end of 2009, for the applicant to leave for Sweden. The last information received from the applicant is dated 20 August 2008.
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 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