European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/2062.html
Cite as: [2011] ECHR 2062
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SECOND SECTION
DECISION
Application no.
1574/07
by Halis GÜREL
against Turkey
The European Court of Human Rights (Second Section), sitting on 15 November 2011 as a Committee composed of:
Dragoljub
Popović, President,
András
Sajó,
Paulo
Pinto de Albuquerque, judges,
and
Françoise Elens-Passos,
Deputy Section
Registrar,
Having regard to the above application lodged on 14 December 2006,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Halis Gürel, is a Turkish national who was born in 1935 and lives in Ordu. He is represented before the Court by Mr I. Yıldız, a lawyer practising in Ordu. The Turkish Government (“the Government”) were represented by their Agent.
The applicant complained under Article 1 of Protocol No. 1 and Article 6 § 1 of the Convention that he was deprived of his property without having been paid any compensation and that the domestic courts had not fairly decided on his case.
On 27 January 2010 the applicant’s complaint under Article 1 of Protocol No. 1 to the Convention 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 8 April 2011, sent by registered post, the applicant’s representative was notified that the period allowed for submission of his observations had expired on 21 October 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. No reply was 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 Dragoljub
Popović
Deputy
Registrar President