GÜLER v. TURKEY
SECOND SECTION
DECISION
Application no. 12027/17
Fahri GÜLER
against Turkey
The European Court of Human Rights (Second Section), sitting on 14 February 2019 as a Committee composed of:
Stéphanie Mourou-Vikström, President,
Arnfinn Bårdsen,
Darian Pavli, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 9 December 2016,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Fahri Güler, was born in 1968.
He was represented before the Court by Ms Y. Hamamci, a lawyer practising in Malatya.
The applicant’s complaints under Articles 2 and 6 of the Convention, to be examined from the standpoint of Article 8 of the Convention, concerning the alleged breach of his right to live in a healthy environment were communicated to the Turkish Government (“the Government”) on 7 September 2017.
The Government’s observations, dated 14 March 2018, were forwarded to the applicant on 29 March 2018.
By letter dated 10 July 2018, sent by registered post, the applicant was notified that the period allowed for submission of his written observations in reply to those of the Government, together with his claims for just satisfaction, had expired on 11 May 2018 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’s representative received this letter on 8 August 2018. However, no response has been received.
THE LAW
In the light of the foregoing, the Court concludes that the applicant may be regarded as no longer 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 7 March 2019.
Liv TigerstedtStéphanie Mourou-Vikström
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy