SECOND SECTION
DECISION
Application no. 61858/19
Hatice ÖZGÜR
against Türkiye
The European Court of Human Rights (Second Section), sitting on 11 July 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 application lodged on 14 November 2019,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Hatice Özgür, was born in 1945. She was represented by Mr R. Arslan, a lawyer practising in Istanbul.
The applicant’s complaints under Article 1 of Protocol No. 1 to the Convention concerning the allegation that the applicant had to pay lump sums to the opposing party in respect of lawyer’s fees and the depreciation of the compensation awarded due to the monetary inflation during the relevant period were communicated to the Turkish Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit her own observations. No reply was received to the Registry’s letter.
By letters dated 8 March 2024, sent via the Court’s Electronic Communication Service (eComms) and by registered post, the applicant’s representative was notified that the period allowed for submission of the observations had expired on 26 February 2024 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 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 applicant’s representative did not download that letter from eComms, but it was distributed to him by post on 19 March 2024. 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.
Accordingly, the case should be struck 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 5 September 2024.
Viktoriya Maradudina Diana Sârcu
Acting Deputy Registrar President