A.A. proti Turecku

SECOND SECTION

DECISION

Application no. 35986/19
A.A.
against Türkiye

The European Court of Human Rights (Second Section), sitting on 8 December 2022 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 28 June 2019,

Having regard to the decision to grant the applicant anonymity under Rule 47 § 4 of the Rules of Court,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr A.A., was born in 1995. He was represented by Mr A. Calp, a lawyer practising in Istanbul.

The applicant’s complaints under Articles 2 and 3 of the Convention concerning the risk of death and/or inhuman and degrading treatment in case of his removal to Syria 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 letters dated 10 August 2022, sent via the Court’s Electronic Communication Service (eComms) and by registered post, the applicant’s representative was notified that the period allowed for submission of the applicant’s observations had expired on 5 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 applicant’s representative has downloaded the letter and received it by on 18 August 2022. However, no response has followed.

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 12 January 2023.

Viktoriya Maradudina Frédéric Krenc
Acting Deputy Registrar President