European Court of Human Rights

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URL: http://www.bailii.org/eu/cases/ECHR/2010/2200.html
Cite as: [2010] ECHR 2200

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SECOND SECTION

DECISION

Application no. 40029/05
by Tuncer BAKIRHAN and Others
against Turkey

The European Court of Human Rights (Second Section), sitting on 7 December 2010 as a Committee composed of:

Dragoljub Popović, President,
András Sajó,
Kristina Pardalos, judges,
and Françoise Elens-Passos, Deputy Section Registrar,

Having regard to the above application lodged on 12 October 2005,

Having deliberated, decides as follows:

THE FACTS

The application was lodged by eight Turkish nationals whose names appear in the appendix. They are represented before the Court by Mr H. Geylani, Mr Y.G. Arslan and Mr M. Tanzi, lawyers practising in Ankara. The Turkish Government (“the Government”) were represented by their Agent.

The applicants’ complaint under Article 10 of the Convention was communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations. No reply was received to the Registry’s letter.

By letter dated 22 September 2010, sent by registered post, the applicants’ representatives were notified that the period allowed for submission of their observations had expired on 12 July 2010 and that no extension of time had been requested. The attention of the applicants’ representatives were 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. They received this letter on 8 October 2010. However, no response has been received by the Court.

THE LAW

The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their 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 Dragoljub Popović
Deputy Registrar President

ANNEX

List of applicants

LastName	Firstname	Birth date
MİROĞLU	Orhan	11/03/1952
BAKIRHAN	Tuncer	28/12/1970
BÜYÜKŞAHİN	Veli	02/03/1971
YILMAZ	Hüseyin	20/10/1956
DEĞER	Muammer	22/05/1960
ÇOBAN	Hatice	01/06/1949
ÖNLÜ	Alican	27/12/1967
TUSUN	Memet	01/06/1949