KURTGÖZ AND OTHERS v. TÜRKİYE

SECOND SECTION

DECISION

Application no. 41147/20
Ercan KURTGÖZ against Türkiye
and 2 other applications

(see appended table)

The European Court of Human Rights (Second Section), sitting on 30 May 2024 as a Committee composed of:

 Diana Sârcu, President,
 Davor Derenčinović,
 Gediminas Sagatys, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of the applicants is set out in the appendix.

The applicants’ complaints under Article 8 of the Convention concerning the electronic recording and storage of the applicants’ private correspondence in the National Judicial Network System (UYAP) by the authorities during their detention, 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 letters.

By letters dated 6 October 2023, sent by registered post, the applicants were notified that the period allowed for submission of their observations had expired on 8 March 2023 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 letters were delivered to the applicants’ addresses on 30 October and 3 November 2023 in applications nos. 41147/20 and 55528/20, respectively. However, no response has been received.

The Registry’s warning letter could not be delivered in application no. 1450/21 due to inadequacy of the address given by the applicant. The letter came back to the Court on 26 February 2024. The Registry does not have any other contact information for the applicant.

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

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 applications.

Accordingly, the applications should be struck out of the list.

For these reasons, the Court, unanimously,

Decides to join the applications;

Decides to strike the applications out of its list of cases.

Done in English and notified in writing on 20 June 2024.

 Viktoriya Maradudina Diana Sârcu
 Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 8 of the Convention