SECOND SECTION
DECISION
Application no. 59678/12
Kadir DEĞİRMENCİ
against Turkey
The European Court of Human Rights (Second Section), sitting on 15 September 2015 as a Committee composed of:
Nebojša Vučinić, President,
Egidijus Kūris,
Jon Fridrik Kjølbro, judges,
and Abel Campos, Deputy Section Registrar,
Having regard to the above application lodged on 13 July 2012,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Kadir Değirmenci, is a Turkish national, who was born in 1978 and lives in Izmir. The Turkish Government (“the Government”) were represented by their Agent.
2. The applicant complained under Articles 5 and 6 of the Convention about the disciplinary room confinement sanction which had been imposed on him by his military superiors.
3. The applicant’s complaint under 5 § 1 (a) was communicated to the Government, who 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.
4. By letter dated 18 December 2014, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 17 October 2014 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. The applicant received this letter on 29 December 2014. However, no response has been received.
THE LAW
5. 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.
Done in English and notified in writing on 8 October 2015.
Abel CamposNebojša Vučinić
Deputy RegistrarPresident
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