European Court of Human Rights
You are here: BAILII >> Databases >> European Court of Human Rights >> Sadik CAKMAK v Turkey - 30059/05 [2010] ECHR 1691 (28 September 2010)
URL: http://www.bailii.org/eu/cases/ECHR/2010/1691.html
Cite as: [2010] ECHR 1691
[New search] [Contents list] [Printable RTF version] [Help]
SECOND SECTION
DECISION
Application no.
30059/05
by Sadık ÇAKMAK
against Turkey
The European Court of Human Rights (Second Section), sitting on 28 September 2010 as a Committee composed of:
Danutė
Jočienė,
President,
Nona
Tsotsoria,
Guido
Raimondi,
judges,
and
Françoise Elens-Passos, Deputy
Registrar,
Having regard to the above application lodged on 1 August 2005,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by Mr Sadık Çakmak, a Turkish national, who was born in 1950 and lives in Ankara. He is represented before the Court by Mr G. Aldemir, a lawyer practising in Ankara. The Turkish Government (“the Government”) were represented by their Agent.
On 4 September 2009 the applicant's complaint concerning the length of the civil proceedings were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his observations in response. No reply was received to the Registry's letter.
By letter dated 22 June 2010, sent by registered post, the applicant's representative was notified that the period allowed for submission of his observations had expired on 20 May 2010 and that no extension of time had been requested. The applicant's representative'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. However, to date no response has been received.
THE LAW
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 strike the case out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Françoise Elens-Passos Danutė
Jočienė
Deputy Registrar President
