SECOND SECTION
DECISION
Application no. 34068/05
Tonguç Barış AKIN
against Turkey
The European Court of Human Rights (Second Section), sitting on 4 November 2014 as a Committee composed of:
Nebojša Vučinić, President,
Paul Lemmens,
Egidijus Kūris, judges,
and Abel Campos, Deputy Section Registrar,
Having regard to the above application lodged on 5 September 2005,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Tonguç Barış Akın, is a Turkish national, who was born in 1981 and lives in Uşak. He was represented before the Court by Mr H. Türkmen, a lawyer practising in Uşak.
The Turkish Government (“the Government”) were represented by their Agent.
The applicant complained, without relying on any particular provisions of the Convention, that he had been denied a fair trial, and had also incurred financial loss, on account of the failure of the domestic courts to award him interest for the pecuniary damage he had been granted in relation to a car accident.
The applicant’s complaint was communicated to the Government on 12 September 2013 under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention. At the same time, the applicant was invited to appoint a lawyer to represent him before the Court.
On 3 December 2013 the applicant submitted an authority form, as requested, as well as some other documents regarding his representation.
On 21 February 2014 the Government submitted their observations on the admissibility and merits. These observations were forwarded to the applicant’s representative, who was invited to submit observations on the applicant’s behalf. No reply was received to the Registry’s letter.
By a letter dated 11 June 2014, sent by registered post, the applicant’s representative was notified that the period allowed for submission of his observations had expired on 23 April 2014 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 19 June 2014. 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.
Abel CamposNebojša Vučinić
Deputy RegistrarPresident
Full & Egal Universal Law Academy