SECOND SECTION
DECISION
Application no. 3741/07
Şerife Sabiha GÖKMEN
against Turkey
The European Court of Human Rights (Second Section), sitting on 14 March 2017 as a Committee composed of:
Nebojša Vučinić, President,
Valeriu Griţco,
Stéphanie Mourou-Vikström, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above application lodged on 16 January 2007,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Şerife Sabiha Gökmen, is a Turkish national, who was born in 1950 and lives in Istanbul. She was represented before the Court by Mr Y. Demirci and Mr E. Günay, lawyers practising in Istanbul.
The Turkish Government (“the Government”) were represented by their Agent.
In 1982 the applicant’s plot of land was designated as park area by a local land development plan. The applicant complained under Article 1 of Protocol No. 1 to the Convention that as a result of the restriction imposed on her land by the local land development plan, her right to peaceful enjoyment of her possessions had been breached by the respondent State.
The applicant’s complaint in this regard was communicated to the Government, who submitted their observations on the admissibility and merits on 26 January 2016. In their observations the Government informed the Court that the applicant died on 8 August 2007.
By a letter dated 27 October 2016, sent by registered post, the applicant’s representative was asked to indicate whether the applicant’s heirs wished to continue the application and to submit relevant documents regarding the intestate succession. The applicant’s representative’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’s representative received this letter on 3 November 2016. However, no response has been received.
THE LAW
The Court takes note of the fact that the applicant has died on 8 August 2007 and no member of her family or heir has expressed a wish to continue the proceedings before the Court in her stead.
The Court considers with reference to Article 37 § 1 (a) and (c) of the Convention that, in these circumstances, it is no longer justified to continue the examination of the application. 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 6 April 2017.
Hasan BakırcıNebojša Vučinić
Deputy RegistrarPresident
Full & Egal Universal Law Academy