SECOND SECTION
DECISION
Application no. 50560/11
Leyla PADIR and Others
against Turkey
The European Court of Human Rights (Second Section), sitting on 31 January 2019 as a Committee composed of:
Valeriu Griţco, President,
Jon Fridrik Kjølbro,
Stéphanie Mourou-Vikström, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 15 April 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of the applicants is set out in the appendix.
They were mainly represented before the Court by Mr Abdullah Fındık and Mr Hüsnü Kaplan, lawyers practising in Sirnak.
The application, which concerns the disappearance of the applicants’ relative in 1994, was communicated to the Turkish Government (“the Government”) on 12 September 2016.
The Government’s observations of 13 March 2017 were forwarded to the applicants on 22 March 2017.
By letters dated 25 August 2017, sent by registered post to both lawyers, the applicants were notified that the period allowed for submission of their observations in reply to those of the Government and their just satisfaction claims had expired on 3 May 2017 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. According to the postal records, both letters were delivered on 11 September 2018. However, no response has been received.
THE LAW
In the light of the foregoing, the Court concludes that the applicants may be regarded as no longer wishing to pursue the application (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 the Protocols thereto which require the continued 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 21 February 2019.
Liv TigerstedtValeriu Griţco
Acting Deputy RegistrarPresident
APPENDIX
List of applicants
No.
Firstname LASTNAME
Birth year
Nationality
Place of residence
1.
Leyla PADIR
1955
Turkish
ŞIRNAK
2.
Abdullah PADIR
1984
Turkish
ŞIRNAK
3.
Ahmet PADIR
1989
Turkish
ŞIRNAK
4.
Ali PADIR
1991
Turkish
ŞIRNAK
5.
Azime PADIR
1993
Turkish
ŞIRNAK
6.
Emine PADIR
1995
Turkish
ŞIRNAK
7.
Hanım PADIR
1994
Turkish
ŞIRNAK
8.
Harun PADIR
1977
Turkish
ŞIRNAK
9.
Hazal PADIR
1985
Turkish
ŞIRNAK
10.
İsa PADIR
1982
Turkish
ŞIRNAK
11.
Mehmet PADIR
1987
Turkish
ŞIRNAK
12.
Musa PADIR
1979
Turkish
ŞIRNAK
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