SECOND SECTION
DECISION
Application no. 5179/21
İrfan HAN
against Türkiye
The European Court of Human Rights (Second Section), sitting on 7 March 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 4 January 2021,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr İrfan Han, was born in 1971. He was represented by Mr M. Nusretoğlu, a lawyer practising in Bingöl.
The applicant’s complaints under Article 10 § 1 of the Convention concerning criminal proceedings initiated for the offence of propaganda in favour of a terrorist organisation were communicated to the Turkish Government (“the Government”) on 31 August 2022. At the same time, the applicant was invited to use the Court’s Electronic Communication Service (“eComms”).
On 15 December 2022 the Government submitted observations on the admissibility and merits. The observations were sent to the applicant via eComms and he was invited to submit his own observations by 27 April 2023. No reply was received to the Registry’s letter which the applicant had downloaded on 5 May 2023.
By letter dated 6 July 2023, sent via eComms, the applicant was reminded that he had 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. In reply, the applicant asked to be provided with a Turkish translation of the Government’s observations.
By the letter of 23 August 2023, sent via eComms, the applicant was informed that neither the Court nor its Registry was authorised by the Convention to take the action requested. The applicant was also reminded that failure to submit his comments on the Government’s observations may lead the Court to conclude that he was no longer interested in pursuing the application. That letter has not been downloaded and no response has been received.
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 28 March 2024.
Viktoriya Maradudina Frédéric Krenc
Acting Deputy Registrar President