SECOND SECTION
DECISION
Application no. 56886/10
Mehmet KABAR
against Turkey
The European Court of Human Rights (Second Section), sitting on 20 November 2018 as a Committee composed of:
Ledi Bianku, President,
Jon Fridrik Kjølbro,
Ivana Jelić, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above application lodged on 5 August 2010,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Mehmet Kabar, is a Turkish national, who was born in 1964. He was represented before the Court by Mr M. Şahin and Ms S. Şahin, lawyers practising in Diyarbakır.
The applicant’s complaints under Articles 5, 6, 9, 10 and Article 2 of the Protocol No. 1 to the Convention were communicated to the Turkish Government (“the Government”), who were represented by their Agent.
The applicant failed to respond to the last Registry’s letter of 13 June 2012, reminding him that the period allowed for submission of his observations in reply had expired on 25 July 2012. No reply was received to the Registry’s letter.
By letter dated 3 January 2017 (received by the applicant’s representative on 13 January 2017), sent by registered post, the applicant was notified that the application was being considered for inclusion in the list of cases to be examined by the Court, that the period allowed for submission of the applicant’s observations expired on 25 July 2012 and that no extension of time had been requested. His attention was drawn to Article 37 § 1 (a) of the Convention. The applicant has not replied Registry’s letter so far.
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 13 December 2018.
Hasan BakırcıLedi Bianku
Deputy RegistrarPresident
Full & Egal Universal Law Academy