ÇAĞIRICI AND OKUR v. TÜRKİYE

SECOND SECTION

DECISION

Application no. 10619/21
Mikail ÇAĞIRICI and Mehmet OKUR
against Türkiye
(see appended table)

The European Court of Human Rights (Second Section), sitting on 16 May 2024 as a Committee composed of:

 Diana Sârcu, President,
 Davor Derenčinović,
 Gediminas Sagatys, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 5 February 2021,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of the applicants is set out in the appendix.

The applicants’ complaints under Article 10 § 1 of the Convention concerning the disciplinary sanctions imposed by prison administration for exercising freedom of expression 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 by 3 May 2023. They were sent to the address of the first applicant, Mr Mikail Çağırıcı. No reply was received to the Registry’s letter.

By letter dated 7 February 2024, sent by registered post to the address of the second applicant, Mr Mehmet Okur, the applicants were reminded that they had not replied to the Registry’s previous correspondence. 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 letter was returned to the Court on 5 March 2024 with an indication from the prison that there was no prisoner of that name in the facility.

A copy of the same letter was sent again to the first applicant by registered post on 14 March 2024. On 8 April 2024 that letter was also returned to the Court as undelivered for the same reason.

THE LAW

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 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 6 June 2024.

 Viktoriya Maradudina Diana Sârcu
 Acting Deputy Registrar President

APPENDIX