SECOND SECTION
DECISION
Application no. 38441/09
İhsan SERİN and others
against Turkey
The European Court of Human Rights (Second Section), sitting on 6 November 2018 as a Committee composed of:
Ledi Bianku, President,
Jon Fridrik Kjølbro,
Ivana Jelić, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above application lodged on 3 July 2009,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants, whose details are set out in the appendix, are Turkish nationals. They were represented before the Court by Mr Vedat Özkan, a lawyer practicing in Adana.
The applicants’ complaints under Article 6 of the Convention on the absence of an oral hearing and non-communication of documents material to the first-instance court’s decision were communicated to the Turkish Government (“the Government”), who were represented by their Agent.
The applicants failed to respond to the last Registry’s letter of 28 June 2018 (received by their representative on 10 July 2018), reminding them that the period allowed for submission of their observations in reply had expired on 23 May 2018 and that no extension of time had been requested. Their attention was drawn to Article 37 § 1 (a) of the Convention.
THE LAW
The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their 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.
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 29 November 2018.
Hasan Bakırcı Ledi Bianku
Deputy RegistrarPresident
Appendix
No.
Applicant
Birth year
Nationality
Place of residence
İhsan SERİN
1977
Turkish
Hatay
Eşref SERİN
1981
Turkish
Hatay
Mehdin YILMAZ
1978
Turkish
Hatay
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