SECOND SECTION
DECISION
Application no. 42794/07
Mehmet AYDINER
against Turkey
The European Court of Human Rights (Second Section), sitting on 19 June 2012 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 17 September 2007,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Mehmet Aydıner, is a Turkish national, who was born in 1975 and lives in Malatya.
The Turkish Government (“the Government”) were represented by their Agent.
The applicant complained under Article 6 of the Convention about the lack of legal assistance available to him during his detention in police custody. He further maintained that the conduct of the authorities during his extradition, detention and the ensuing trial had violated his rights under Articles 3, 5 and 7 of the Convention.
On 6 July 2010 the applicant’s complaint under Article 6 of the Convention was communicated to the Government, who later 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 a letter dated 12 December 2011, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 9 March 2011 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 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. According to the information obtained from the official website of the Turkish Postal Service, the letter was delivered to the applicant on 29 December 2011. 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.
Françoise Elens-PassosDragoljub Popović
Deputy RegistrarPresident
Full & Egal Universal Law Academy