SECOND SECTION
DECISION
Application no. 34202/07
by Roza TALEGHANI and Others
against Turkey
The European Court of Human Rights (Second Section), sitting on 6 November 2007 as a Chamber composed of:
MrsF. Tulkens, President,
MrA.B. Baka,
MrR. Türmen,
MrV. Zagrebelsky,
MrsA. Mularoni,
MrsD. Jočienė,
MrD. Popović, judges,
and Mrs S. Dollé, Section Registrar,
Having regard to the above application lodged on 9 August 2007,
Having regard to the decision to apply Rule 40 of the Rules of Court to the above application,
Having regard to the information submitted by the parties,
Having deliberated, decides as follows:
THE FACTS
The applicants, Ms Roza Taleghani, Danial Muhammad Albeygi, Nona Mohammad Albeygi and Mina Samsami, are Iranian nationals, who were born in 1973, 1977, 1994 and 1948, respectively, and currently live in Austria. They are represented before the Court by Mr M. Demir and Mr S. Efe, lawyers practising in Ankara. The Turkish Government (“the Government”) did not designate an Agent for the purposes of the proceedings before the Court.
The facts of the case, as submitted by the parties, may be summarised as follows.
On 29 May 2007 the first three applicants fled Iran and entered Turkey illegally. The fourth applicant is the mother of the second applicant and grandmother of the third and fourth applicants. She lives in Austria. On 5 June 2007 the United Nations High Commissioner for Refugees agreed to examine the first three applicants’ claim and granted them Asylum Seeker Certificates. In July 2007 the Austrian consular authorities in Turkey issued entry visas for them.
Meanwhile, these applicants were unable to obtain an exit visa as they had entered Turkey illegally.
On 9 August 2007 the applicants’ representatives requested the Court, under Rule 39 of its Rules of Court, to stay the possible deportation to Iran of the first three applicants, who had been taken under custody on 20 July 2007. On 14 August 2007, the President of the Chamber to which the case has been allocated refused the “Rule 39” request, but authorised the Section Registrar to notify the respondent Government of the application under Rule 40. The Government were requested to submit information about the case.
On an unspecified date the first three applicants were released. On 4 September 2007 they travelled to Austria.
COMPLAINTS
The applicants originally complained that the deportation of the first three applicants to Iran would have been in violation of Article 3 of the Convention. They also invoked Article 5 of the Convention.
THE LAW
On 17 September 2007 the applicants’ representatives informed the Court that the applicants had left Turkey for Austria and, therefore, wished to withdraw their case in the light of the cooperation shown by the Turkish authorities.
On 21 September 2007 the Government confirmed this information and asked the Court to strike the case out of its list, as it was no longer justified to continue its examination, within the meaning of Article 37 § 1 (c) of the Convention.
The Court considers that, in the circumstances, the applicants may be regarded as no longer wishing to pursue their case, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine, it finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require its continued examination. In view of the above, it is appropriate to strike the application out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
S. DolléF. Tulkens
RegistrarPresident
Full & Egal Universal Law Academy