SECOND SECTION
DECISION
Application no. 33360/09
Mehmet Salih GÜNGÜR
against Turkey
The European Court of Human Rights (Second Section), sitting on 28 June 2016 as a Committee composed of:
Ksenija Turković, President,
Jon Fridrik Kjølbro,
Georges Ravarani, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above application lodged on 20 May 2009,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Mehmet Salih Güngür, is a Turkish national, who was born in 1948 and lives in Diyarbakır. He was represented before the Court by Mr M. Yaşar, a lawyer practising in Diyarbakır.
The Turkish Government (“the Government”) were represented by their Agent.
The applicant complained, without relying on any particular provisions of the Convention, that he had become handicapped as a result of an injection he had received at a public hospital, which had violated his right to health. He further maintained under Article 6 of the Convention that the judicial response in respect of his injury had been ineffective. He lastly complained under Article 6 of the length of the relevant administrative proceedings and under Article 13 of the lack of effective remedies in that respect.
The applicant’s complaints were 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.
By letter dated 18 January 2016, sent by registered post, the applicant’s representative was notified that the period allowed for submission of his observations had expired on 14 April 2015 and that no extension of time had been requested. 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 26 January 2016. However, no response has been received.
THE LAW
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 21 July 2016.
Hasan BakırcıKsenija Turković
Deputy RegistrarPresident
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