European Court of Human Rights

SECOND SECTION

DECISION

Application no. 45866/05
by Nazire TOSUN
against Turkey

The European Court of Human Rights (Second Section), sitting on 7 April 2009 as a Chamber composed of:

Françoise Tulkens, President,
Ireneu Cabral Barreto,
Vladimiro Zagrebelsky,
Danutė Jočienė,
Dragoljub Popović,
Nona Tsotsoria,
Işıl Karakaş, judges,
and Sally Dollé, Section Registrar,

Having regard to the above application lodged on 6 December 2005,

Having deliberated, decides as follows:

THE FACTS and COMPLAINTS

The applicant, Ms Nazire Tosun, is a Turkish national who was born in 1956 and lives in Çanakkale. She is not represented by a lawyer. The Turkish Government (“the Government”) are represented by their Agent.

The application concerns the applicant’s deprivation of her land due to its designation as State property on the ground that it was situated on the coastline. The applicant relied on Article 1 of Protocol No.1 and Article 6 § 1 of the Convention.

THE LAW

By letter dated 7 May 2008 the Government’s observations were sent to the applicant, who was requested to submit any observations together with any claims for just satisfaction in reply by 18 June 2008.

By letter dated 4 September sent by registered post, the applicant was notified that the period allowed for submission of the applicant’s observations had expired on 18 June 2008 and that no extension of time had been requested. The applicant’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. The applicant received this letter on10 September 2008. However, no response has been received.

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 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
Registrar President