SECOND SECTION
DECISION
Application no. 10871/16
Abdulvahap YILMAZ
against Türkiye
The European Court of Human Rights (Second Section), sitting on 17 October 2024 as a Committee composed of:
Diana Sârcu, President,
Davor Derenčinović,
Gediminas Sagatys, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 27 January 2016,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Abdulvahap Yılmaz, was born in 1972.
The applicant’s complaint under Article 6 of the Convention concerning the right of access to a court were communicated to the Turkish Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry’s letter.
By letter dated 27 June 2024, sent via the Court’s Electronic Communication Service (eComms) and by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 5 June 2024 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 never logged to his eComms account and did not download any of the letters published by the Court. The posted letter could not be served to the applicant, although it was sent to the address provided by him.
THE LAW
In the light of the foregoing, 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 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 14 November 2024.
Viktoriya Maradudina Diana Sârcu
Acting Deputy Registrar President