ERKMEN v. TURKEY

 
 
SECOND SECTION
DECISION
Application no. 31896/12
Hüseyin ERKMEN
against Turkey
 
The European Court of Human Rights (Second Section), sitting on 31 January 2019 as a Committee composed of:
Valeriu Griţco, President,
Jon Fridrik Kjølbro,
Stéphanie Mourou-Vikström, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 13 March 2012,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Hüseyin Erkmen, was born in 1935.
He was represented before the Court by Ms R.H. Bulut, a lawyer practising in Tunceli.
The application, which concerns the effectiveness of the investigation into the killing of the applicant’s daughter, was communicated to the Turkish Government (“the Government”) on 12 September 2017.
In their observations of 22 February 2018 the Government informed the Court that the applicant had died on 14 August 2016.
By letters dated 5 March 2018, 26 July 2018 and finally 18 September 2018, sent by registered post, the applicant’s lawyer was requested to inform the Court whether any family member wished to pursue the application. His attention was also 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 or his heirs do not intend to pursue the application. The applicant’s lawyer received the last letter on 28 September 2018. However, no response has been received.
THE LAW
In the light of the foregoing, the Court concludes that any potential heirs of the applicant may be regarded as not wishing to pursue the application (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 21 February 2019.
Liv TigerstedtValeriu Griţco
Acting Deputy RegistrarPresident
 
 

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