SECOND SECTION
DECISION
Application no. 77371/14
Abdullah YEŞILYAPRAK
against Turkey
The European Court of Human Rights (Second Section), sitting on 14 November 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 9 December 2014,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Abdullah Yeşilyaprak, was born in 1938.
The applicant was represented by Mr A. Aktay and Mr U. Aktay, lawyers practising in Mersin.
In 2009 a plot of land belonging to the applicant was expropriated by the administration. Relying on Article 6 of the Convention and Article 1 of Protocol No.1 to the Convention, the applicant complained about the loss suffered by him as a result of the order to pay legal fees to the administration and the discrepancy, due to lack of interest, between the value of compensation at the time of the application to the domestic courts and its value when it was actually paid.
The applicant’s complaint in this regard was communicated to the Government, who submitted their observations on the admissibility and merits on 28 May 2019. In their observations, the Government informed the Court that the applicant had died on 8 June 2017 and further requested the Court to strike out the application.
On 17 July 2019 the Court received a letter from the applicant’s representative informing the Court that he had not been able to reach the applicant’s heirs so as to provide a certificate of inheritance and an authority form.
THE LAW
In the light of the foregoing, the Court concludes that the applicant’s heirs do not wish to pursue the 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 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 5 December 2019.
Liv TigerstedtIvana Jelić
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy