ÇOBAN proti Turecku

SECOND SECTION

DECISION

Application no. 9539/19
İlyas ÇOBAN
against Türkiye

The European Court of Human Rights (Second Section), sitting on 9 March 2023 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 31 January 2019,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr İlyas Çoban, was born in 1980.

The applicant’s complaints under Article 5 of the Convention concerning the alleged lack of a reasonable suspicion regarding the commission of an offence and the alleged lack of relevant and sufficient reasons when ordering and extending the pre-trial detention 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 6 October 2022, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 24 August 2022 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 letter returned to the Court as the applicant changed his address without informing the Court.

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 30 March 2023.

Viktoriya Maradudina Frédéric Krenc
Acting Deputy Registrar President