European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2010/352.html
Cite as: [2010] ECHR 352
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SECOND SECTION
DECISION
Application no.
33307/05
by Özhan ORAL
against Turkey
The European Court of Human Rights (Second Section), sitting on 2 March 2010 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 29 August 2005,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by Mr Özhan Oral, a Turkish national who was born in 1934 and lives in Bursa. He is represented before the Court by Mr S. Baktıaya, a lawyer practising in Istanbul. The Turkish Government (“the Government”) were represented by their Agent.
The applicant complained under Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention.
The applicant's complaint concerning the length of the administrative proceedings under Article 6 was 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 own observations. No reply was received to the Registry's letter.
By letter dated 6 November 2009, sent by registered post, the applicant's representative was notified that the period allowed for submission of the applicant's observations had expired on 1 April 2009 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. The applicant's representative received this letter on 17 November 2009. However, 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.
Sally Dollé Françoise
Tulkens
Registrar President