SECOND SECTION
DECISION
Application no. 61912/09
Nasri ŞİKAF
against Turkey
The European Court of Human Rights (Second Section), sitting on 12 March 2013 as a Committee composed of:
Peer Lorenzen, President,
András Sajó,
Nebojša Vučinić, judges,
and Françoise Elens-Passos, Deputy Section Registrar,
Having regard to the above application lodged on 10 November 2009,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Nasri Şikaf, is a Turkish national, who was born in 1962 and lives in Şanlıurfa. He was represented before the Court by Ms F. Z. Ejder, a lawyer practising in Şanlıurfa.
The Turkish Government (“the Government”) were represented by their Agent.
The applicant complained under Article 6 § 1 of the Convention and Article 1 of the Protocol no.1 that despite the judgment given in his favour, the Municipality had not paid the due amount.
On 7 June 2010 the Court decided to give notice to the Government of the applicant’s complaints.
On 30 November 2010 the Government submitted to the Registry their observations on the admissibility and merits of the application. These observations were forwarded on 22 February 2011 to the applicant, who submitted his observations in reply together with his claims for just satisfaction on 23 March 201 which were forwarded on 31 May 2011 to the Government. They submitted their comments on 28 June 2011.
On 24 January 2013 the applicant’s representative informed the Court that the applicant wanted to withdraw the application since the judicial decision has been executed.
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 or its Protocols, 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.
Françoise Elens-PassosPeer Lorenzen
Deputy RegistrarPresident
Full & Egal Universal Law Academy