SECOND SECTION
DECISION
Application no. 40403/10
Şükrü SÜRGÜN
against Turkey
The European Court of Human Rights (Second Section), sitting on 6 June 2019 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 27 May 2010,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Şükrü Sürgün, was born in 1965.
He was represented before the Court by Ms A. Gümüşkaşık Yazıcı, a lawyer practising in İzmir.
The applicant’s complaints under Articles 6 and 14 of the Convention and Article 1 of Protocol No. 1 to the Convention, concerning the proceedings for the recognition of his eligibility for invalidity pension, were communicated to the Turkish Government (“the Government”).
By letter dated 15 October 2018, sent by registered post, the applicant was notified that the period allowed for submission of his observations in reply to those of the Government had expired on 7 September 2018 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 received this letter on 23 October 2018. However, no response has been received.
THE LAW
In the light of the foregoing, the Court concludes that the applicant 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 27 June 2019.
Liv TigerstedtIvana Jelić
Acting Deputy RegistrarPresident
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