SECOND SECTION
DECISION
Application no. 7942/18
Ahmet ATILGAN against Türkiye
and 8 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 23 March 2023 as a Committee composed of:
Frédéric Krenc, President,
Diana Sârcu,
Davor Derenčinović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of the applicants and their representatives is set out in the appendix.
The applicants’ various complaints under Article 5 of the Convention were communicated to the Turkish Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations. No reply was received to the Registry’s letter.
By letters dated 19 October 2022, sent by registered post, the applicants were notified that the period allowed for submission of their observations had expired on 12 September 2022 and that no extension of time had been requested. The applicants’ 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 registered letters either returned to the Court as unclaimed or were received by the applicants, to which they did not respond. There are also no previous letters from the applicants informing the Court about the change of address.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the applications.
Accordingly, the cases should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases.
Done in English and notified in writing on 13 April 2023.
Viktoriya Maradudina Frédéric Krenc
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 5 of the Convention
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
Represented by
1.
7942/18
Atılgan v. Türkiye
23/01/2018
Ahmet ATILGAN
1973
Kocaeli
Turkish
2.
11786/18
Ören v. Türkiye
27/02/2018
Fahrettin ÖREN
1984
Düzce
Turkish
3.
13649/18
Tayman v. Türkiye
09/03/2018
Murat TAYMAN
1985
İzmir
Turkish
Berrin TAYMAN
4.
14500/18
Altay v. Türkiye
16/03/2018
Numan ALTAY
1984
Kahramanmaraş
Turkish
Gökhan GÜNAYDIN
5.
14565/18
Özer v. Türkiye
16/03/2018
Durakan ÖZER
1971
Manisa
Turkish
Gökhan GÜNAYDIN
6.
40911/18
Can v. Türkiye
10/08/2018
Ali CAN
1973
London
Turkish
7.
41230/18
Pekkürkcü v. Türkiye
18/08/2018
Muammer PEKKÜRKCÜ
1989
Konya
Turkish
Mikail Furkan YİĞİT
8.
41846/18
Şenliler v. Türkiye
17/08/2018
Turgay ŞENLİLER
1967
Yozgat
Turkish
Haşim ÖZÇELİK
9.
42901/18
Kara v. Türkiye
06/09/2018
Olcay KARA
1985
Kütahya
Turkish
Enes ÖZTÜRK