SECOND SECTION
DECISION
Application no. 57156/18
O. S.
against Türkiye
The European Court of Human Rights (Second Section), sitting on 18 September 2025 as a Committee composed of:
Gediminas Sagatys, President,
Stéphane Pisani,
Juha Lavapuro, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 6 December 2018,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, O.S., is an Iraqi national who was born in 1997. The Court decided that the applicant’s identity should not be disclosed to the public (Rule 47 § 4 of the Rules of Court).
The applicant was represented by Mr K. Aygün, a lawyer practising in Kırklareli.
The applicant complained under Articles 2 and 3 of the Convention that he would face a real risk of death and/or ill-treatment if deported to Iraq and that that risk had not been sufficiently examined by the relevant Turkish authorities and courts. He further complained under Article 13 of the Convention about the absence of any effective domestic remedies to review the lawfulness of his administrative detention.
Upon a request by the applicant, on 14 December 2018 the Court decided to apply an interim measure under Rule 39 of the Rules of Court, indicating to the Turkish Government (“the Government”) that the applicant should not be removed from Türkiye until further notice.
On 28 March 2019 the Court decided to give notice to the Government of the applicant’s complaints detailed above.
On 1 August 2019 the Government submitted their observations on the admissibility and merits of the case. On 16 September 2019 the applicant submitted his observations on the admissibility and merits in response.
By a letter dated 22 April 2025, sent to the applicant’s representative through the Court’s Electronic Communications Service (eComms), the applicant was requested to submit, by 13 May 2025, further documents and to inform the Court about important factual developments in the case, particularly those pertaining to the applicant’s international protection status. The representative’s 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 letter was downloaded by the applicant’s representative on 22 April 2025. However, no response has followed.
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 (see, mutatis mutandis, V.M. and Others v. Belgium (striking out) [GC], no. 60125/11, § 36, 17 November 2016).
Accordingly, it is appropriate to strike the application out of the list of cases. The interim measure previously indicated therefore ceases to have any basis.
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 9 October 2025.
Viktoriya Maradudina Gediminas Sagatys
Acting Deputy Registrar President