SECOND SECTION
DECISION
Application no. 28310/11
İsmail KABAKÇI and Fatma KABAKÇI
against Turkey
The European Court of Human Rights (Second Section), sitting on 28 November 2019 as a Committee composed of:
Ivana Jelić, President,
Arnfinn Bårdsen,
Darian Pavli, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 14 February 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of the applicants is set out in the appendix.
The applicants were represented by Mr Y. Değirmenci, a lawyer practising in Balıkesir.
The applicants’ complaints under Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention, concerning the designation of their property as a restricted military zone and the subsequent domestic proceedings, were communicated to the Turkish Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations. No reply was received to the Registry’s letter.
By a letter dated 26 June 2019, sent by registered post, the applicants were notified that the period allowed for submission of their observations had expired on 2 May 2019 and that no extension of time had been requested. The applicants’ 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 applicants’ representative received this letter on 22 July 2019. However, 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 19 December 2019.
Liv TigerstedtIvana Jelić
Acting Deputy RegistrarPresident
ANNEXE
No.
Applicant’s Name
Birth date
Nationality
Place of residence
1.
İsmail KABAKÇI
27/12/1943
Turkish
Balıkesir
2.
Fatma KABAKÇI
03/06/1948
Turkish
Balıkesir
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