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Text rozhodnutí
Datum rozhodnutí
24.11.2022
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3
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THIRD SECTION

DECISION

Application no. 49903/19
Shenay MEHMET
against Cyprus

The European Court of Human Rights (Third Section), sitting on 24 November 2022 as a Committee composed of:

Darian Pavli, President,
Ioannis Ktistakis,
Andreas Zünd, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 11 September 2019,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Shenay Mehmet, was born in 1946. She was represented by Ms A. Ioannou, a lawyer practising in Limassol.

The applicant’s complaints under Article 1 of Protocol No. 1 of the Convention concerning the imposition of a usufruct over her property allowing a Greek Cypriot displaced person to reside in the property until her death or until the volatile situation in Cyprus changes, were communicated to the Cypriot Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit her own observations. No reply was received to the Registry’s letter.

By letter dated 29 June 2022, sent by registered post, the applicant was notified that the period allowed for submission of her observations had expired on 19 April 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 received this letter on 8 September 2022. 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 15 December 2022.

Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President