SECOND SECTION
DECISION
Application no. 40029/05
by Tuncer BAKIRHAN and Others
against Turkey
The European Court of Human Rights (Second Section), sitting on 7 December 2010 as a Committee composed of:
Dragoljub Popović, President,
András Sajó,
Kristina Pardalos, judges,
and Françoise Elens-Passos, Deputy Section Registrar,
Having regard to the above application lodged on 12 October 2005,
Having deliberated, decides as follows:
THE FACTS
The application was lodged by eight Turkish nationals whose names appear in the appendix. They are represented before the Court by Mr H. Geylani, Mr Y.G. Arslan and Mr M. Tanzi, lawyers practising in Ankara. The Turkish Government (“the Government”) were represented by their Agent.
The applicants’ complaint under Article 10 of the Convention was communicated to the Government, who submitted their 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 letter dated 22 September 2010, sent by registered post, the applicants’ representatives were notified that the period allowed for submission of their observations had expired on 12 July 2010 and that no extension of time had been requested. The attention of the applicants’ representatives were 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. They received this letter on 8 October 2010. However, no response has been received by the Court.
THE LAW
The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their 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
ANNEX
List of applicants
LastName
Firstname
Birth date
MİROĞLU
Orhan
11/03/1952
BAKIRHAN
Tuncer
28/12/1970
BÜYÜKŞAHİN
Veli
02/03/1971
YILMAZ
Hüseyin
20/10/1956
DEĞER
Muammer
22/05/1960
ÇOBAN
Hatice
01/06/1949
ÖNLÜ
Alican
27/12/1967
TUSUN
Memet
01/06/1949
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