SECOND SECTION
DECISION
Application no. 54779/09
Ali Rıza YÖNDEN
against Turkey
The European Court of Human Rights (Second Section), sitting on 13 February 2020 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 23 September 2009,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Ali Rıza Yönden, was born in 1972.
He was represented by Mr H. Bozdaş, a lawyer practising in Ankara.
The applicant’s complaints under Article 6 §§ 1 and 3 (d) of the Convention, concerning the alleged unfairness of the criminal proceedings owing to his inability to examine a certain witness E.E., 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 a letter dated 11 September 2019, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 8 August 2019 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 received this letter on 20 September 2019. However, no response has been received.
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 5 March 2020.
Liv TigerstedtIvana Jelić
Acting Deputy RegistrarPresident
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