SECOND SECTION
DECISION
Application no. 44790/08
Gazi KARADENİZ and others
against Turkey
The European Court of Human Rights (Second Section), sitting on 15 April 2014 as a Committee composed of:
Nebojša Vučinić, President,
Paul Lemmens,
Robert Spano, judges,
and, Abel Campos, Deputy Section Registrar,
Having regard to the above application lodged on 4 September 2008,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicants, Mr Gazi Karadeniz, Mrs Şadiye Karadeniz, Mr Fatih Karadeniz, and Mrs Mehtap Bayram, are Turkish nationals, who were born in 1954, 1959, 1980 and 1981 respectively. The first two applicants are the parents, the third applicant is the brother and the fourth applicant is the sister of Mr Sinan Karadeniz, who died on 18 September 2006. Before the Court, the applicants are represented by Mr E. Aytekin, a lawyer practising in Ankara. The Turkish Government (“the Government”) were represented by their Agent.
2. The applicants complained that the right to life of their relative, who was a conscript soldier, had been breached. In this connection, they stated that owing to a late diagnosis, their relative’s access to appropriate and prompt medical treatment had been delayed. They further maintained that the Military Supreme Administrative Court which had examined their case could not be considered as independent or impartial.
3. The applicants’ complaints raised under Articles 2, 6 and 8 of the Convention were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicants’ representative, who was invited to submit his observations. No reply was received to the Registry’s letter.
4. By letter dated 26 November 2013, sent by registered post, the applicants’ representative was notified that the period allowed for submission of observations had expired on 25 October 2013 and that no extension of time had been requested. The applicants’ 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 applicants’ representative received this letter on 10 December 2013. However, no response has been received.
THE LAW
The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their 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.
Abel CamposNebojša Vučinić
Deputy RegistrarPresident
Full & Egal Universal Law Academy