Europejskiego Trybunału Praw Człowieka
z dnia 10 października 2019 r.
Application no. 1326/12
The European Court of Human Rights (Second Section), sitting on 10 October 2019 as a Committee composed of:
Ivana Jelić, President,
Darian Pavli, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 24 November 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Selahattin Endakçı, was born in 1963.
The applicant was represented by Mr M. Kızılay, a lawyer practising in Istanbul.
The applicant's complaints under Article 6 §§ 1 and 3 (c) of the Convention, concerning the denial of legal assistance during the pre-trial stage pursuant to Law no. 3842 and the use of the applicant's statements taken in the absence of a lawyer, were communicated to the Turkish Government ("the Government"), who submitted 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 17 April 2019, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 14 March 2019 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 an application 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 26 April 2019. However, no response has been received.
In the light of the foregoing, the Court concludes that the applicant does not wish to pursue the 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 the Protocols thereto which require the continued examination of the application.
Accordingly, the case should be struck out of the list.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
Decides to strike the application out of its list of cases.
Done in English and notified in writing on 31 October 2019.
Acting Deputy Registrar