SECOND SECTION
DECISION
Application no. 36809/20
Ferzende ERDEMIR
against Türkiye
The European Court of Human Rights (Second Section), sitting on 15 February 2024 as a Committee composed of:
Frédéric Krenc, President,
Diana Sârcu,
Davor Derenčinović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 30 July 2020,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Ferzende Erdemir, was born in 1983. He was represented by Mr Y. Aslan, a lawyer practising in Iğdır.
The applicant’s complaints under Article 10 § 1 of the Convention concerning the criminal proceedings initiated for the offence of propaganda in favour of a terrorist organisation were communicated to the Turkish Government (“the Government”) on 30 May 2022. At the same time, the applicant was invited to use the Court’s Electronic Communication Service (“eComms”), which he did by activating his eComms account on 6 June 2022.
On 1 September 2022 the Government submitted observations on the admissibility and merits of the application. They were forwarded to the applicant, who was invited to submit his own observations by 10 November 2022. No reply was received to the Registry’s letter.
By letter dated 6 July 2023 sent by eComms, the applicant was notified that he has not replied to the Registry’s letter. His 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 applicant downloaded the letter on 24 December 2023. However, no response has followed.
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 14 March 2024.
Viktoriya Maradudina Frédéric Krenc
Acting Deputy Registrar President