SECOND SECTION
DECISION
Applications nos. 83459/17 and 83461/17
Sinem TURAN against Turkey
and Sahra AKYER against Turkey
The European Court of Human Rights (Second Section), sitting on 24 February 2022 as a Committee composed of:
Jovan Ilievski, President,
Gilberto Felici,
Diana Sârcu, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on 13 November 2017,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants, Ms Sinem Turan and Ms Sahra Akyer, were born in 1982 and 1975, respectively. They were represented by Ms N. Bener İbadullayev, a lawyer practising in Bursa.
The applicants’ complaints under Article 6 § 1 of the Convention concerning the alleged unfairness of the proceedings against them on account of the non-communication of the opinion of the public prosecutor at the Court of Cassation were communicated to the Turkish Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicants’ representative, who was invited to submit the observations in response. No reply was received to the Registry’s letter.
By letter dated 5 August 2021, sent by registered post, the applicants’ representative was notified that the period allowed for submission of the applicants’ observations had expired on 3 June 2021 and that no extension of time had been requested. The 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 representative received that letter on 8 September 2021. However, no response has followed.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
Taking into account the applicants’ failure to respond to the Registry’s letters, 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 applications.
Accordingly, the cases should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases.
Done in English and notified in writing on 17 March 2022.
Viktoriya Maradudina Jovan Ilievski
Acting Deputy Registrar President