SECOND SECTION
DECISION
Application no. 9460/21
Mahmut YILDIZ
against Türkiye
The European Court of Human Rights (Second Section), sitting on 15 February 2024 as a Committee composed of:
Frédéric Krenc, President,
Diana Sârcu,
Davor Derenčinović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 29 January 2021,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Mahmut Yıldız, was born in 1986.
The applicant’s complaints under Article 10 § 1 of the Convention concerning disciplinary sanctions imposed by prison administration for exercising his freedom of expression were communicated to the Turkish Government (“the Government”).
By their observations dated 16 September 2022 the Government informed the Registry that the applicant had died on 13 February 2021 after lodging the present application. The observations were forwarded to the applicant’s last known address with a request to potential heirs to submit observations in reply by 10 November 2022. No answer was received to the Registry’s letter.
By letter dated 6 July 2023, sent by registered post, the applicant’s potential heirs were informed that no reply had been received to the Registry’s letter. Their 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. However, no response has followed.
THE LAW
The Court notes that no heirs manifested their interest to continue the proceedings before it on the late applicant’s behalf. It thus concludes that the applicant’s heirs do not wish to pursue the application within the meaning of Article 37 § 1 (a) of the Convention. In the light of the foregoing, the Court considers that respect for human rights as defined in the Convention and the protocols thereto does not require it to continue the examination of the application (Article 37 § 1 (c) of the Convention).
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 14 March 2024.
Viktoriya Maradudina Frédéric Krenc
Acting Deputy Registrar President