SECOND SECTION
DECISION
Application no. 36837/15
Ahmet BARDAK
against Turkey
The European Court of Human Rights (Second Section), sitting on 14 May 2020 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 11 July 2015,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Ahmet Bardak, was born in 1934.
The applicant was represented by Mr A. Aktay, a lawyer practising in Mersin.
The application essentially concerns a judicial practice of the civil courts, in the context of expropriation proceedings, to order the parties to pay a lump sum to the opposing party in respect of legal fees and the failure to apply interest to the compensation amounts which they award. The applicant complained under Article 6 of the Convention and Article 1 of Protocol No. 1 of a breach of his rights to peaceful enjoyment of his possessions and to a fair trial.
On 24 January 2020 the Government informed the Court that the applicant had died on 27 August 2019 and further requested the Court to strike out the application.
On 24 February 2020 the Court received a letter from the applicant’s representative informing the Court that he had not been able to reach the applicant’s heirs so as to provide a certificate of inheritance and an authority
form.
THE LAW
In the light of the foregoing, the Court concludes that the applicant’s heirs 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.
Accordingly, the case should be struck 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 4 June 2020.
Liv TigerstedtIvana Jelić
Acting Deputy RegistrarPresident
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