SECOND SECTION
DECISION
Application no. 62041/09
Dursun SAZKAYA
against Turkey
The European Court of Human Rights (Second Section), sitting on 19 March 2020 as a Committee composed of:
Ivana Jelić, President,
Arnfinn Bårdsen,
Darian Pavli, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 13 November 2009,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Dursun Sazkaya, was born in 1964.
The applicant was represented by Mr V. Fidancı, a lawyer practising in Basel.
The applicant’s complaints under Article 6 § 1 of the Convention, concerning the alleged unfairness of the criminal proceedings against him on account of his alleged inability to examine the co-accused Y.A. in person before the trial court, were communicated to the Turkish Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicant’s representative, who was invited to submit his observations. No reply was received to the Registry’s letter.
By letter dated 9 December 2019, sent by registered post, the applicant’s representative was notified that the period allowed for submission of his observations had expired on 21 November 2019 and that no extension of time had been requested. The applicant’s 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 applicant’s representative received this letter on 16 December 2019. However, no response has been received.
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 9 April 2020.
Liv TigerstedtIvana Jelić
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy