SECOND SECTION
DECISION
Application no. 45007/10
Tayyibe ALTINAY and Others
against Turkey
The European Court of Human Rights (Second Section), sitting on 12 September 2019 as a Committee composed of:
Ivana Jelić, President,
Arnfinn Bårdsen,
Darian Pavli, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 8 June 2010,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of the applicants is set out in the appendix.
The first applicant was represented by Mr S. Kartal, a lawyer practising in Kütahya. The other applicants did not appoint a representative (see below).
The applicants’ complaints under Article 1 of Protocol No. 1 to the Convention were communicated to the Turkish Government (“the Government”), who submitted observations on the admissibility and merits.
The Government’s observations were forwarded to the first applicant’s representative, who was invited to submit observations together with any claims for just satisfaction by 3 May 2017.
By letter dated 11 August 2017, sent by registered post, the first applicant’s representative was notified that the period allowed for submission of the observations had expired on 3 May 2017 and that no extension of time had been requested. The representative’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 representative received this letter on 21 August 2017. However, no response has been received.
As concerns the other two applicants, they did not appoint a representative despite having been requested to do so in a letter by the Court dated 7 September 2016. By the letters dated 17 January 2019 and 21 February 2019, sent by registered post, the applicants were reminded that they had to appoint a representative. Their attention was drawn to Article 37 § 1 (a) of the Convention. The applicants acknowledged receipt of the first letter on 6 February 2019, however they failed to appoint a representative and neither did they seek to represent themselves. They received the last letter on 15 March 2019, which contained a clear warning that the case might be struck out of the Court’s list of cases unless they designated a representative by 21 March 2019. However, the applicants did not reply to this letter.
THE LAW
In the light of the foregoing, the Court concludes that the applicants do 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.
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.
Done in English and notified in writing on 3 October 2019.
Liv TigerstedtIvana Jelić
Acting Deputy RegistrarPresident
APPENDIX
List of applicants
No.
Applicant’s Name
Birth date
Nationality
Place of residence
1.
Tayyibe ALTINAY
01/12/1965
Turkish
Kütahya
2.
Cafer ALTINAY
08/11/1986
Turkish
Kütahya
3.
Resul ALTINAY
24/08/1992
Turkish
Kütahya
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