ARDA proti Turecku

SECOND SECTION

DECISION

Application no. 20377/21
Murat ARDA
against Türkiye

The European Court of Human Rights (Second Section), sitting on 19 September 2024 as a Committee composed of:

Diana Sârcu, President,
Davor Derenčinović,
Gediminas Sagatys, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 8 April 2021,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Murat Arda, was born in 1974. He was represented by Mr O.D. Adalı, a lawyer practising in Istanbul.

The applicant’s complaints under Article 10 of the Convention, concerning his sentence, in compliance with Article 299 of the Criminal Code, to imprisonment of eleven months and twenty days suspended for five years on account of defaming the President of the Republic of Türkiye in a post published on the applicant’s Facebook feed, were communicated to the Turkish Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicant’s representative through the Court’s Electronic Communication Service (eComms); the applicant was invited to submit his own observations in reply. That letter, as well as all the previous correspondence, were not downloaded by the applicant’s representative, who had activated his eComms account on 31 January 2023 and thus had agreed to the terms and conditions of its use.

By letter dated 28 February 2024, sent by registered post, the applicant’s representative was notified that the period allowed for submission of the applicant’s observations had expired on 23 October 2023 and that no extension of time had been requested. The applicant’s representative’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 was delivered on 6 March 2024. 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 10 October 2024.

Viktoriya Maradudina Diana Sârcu
Acting Deputy Registrar President