SECOND SECTION
DECISION
Application no. 62311/09
Aydın ORUÇ
against Turkey
The European Court of Human Rights (Second Section), sitting on 14 June 2016 as a Committee composed of:
Nebojša Vučinić, President,
Valeriu Griţco,
Stéphanie Mourou-Vikström, judges,
and, Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above application lodged on 16 October 2009,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Aydın Oruç, is a Turkish national, who was born in 1974 and lives in Denizli.
2. The Turkish Government (“the Government”) were represented by their Agent.
3. The applicant complained under Article 10 of the Convention that he was convicted and sentenced to imprisonment for 25 days due to his statements during Newroz celebrations, in which he addressed Abdullah Öcalan as “sayın” (means “esteemed” or “honorable”). Therefore, he claimed that his right to freedom of expression was violated.
4. The applicant’s complaints under Article 10 of the Convention were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry’s letter.
5. By a letter dated 17 April 2015, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 6 March 2015 and that no extension of time had been requested. The applicant’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 applicant received this letter on 5 May 2015. However, no response has been received.
THE LAW
6. 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.
7. 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 7 July 2016.
Hasan BakırcıNebojša Vučinić
Deputy RegistrarPresident
Full & Egal Universal Law Academy